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Calcutta High CourtCRM(M)/2561/2025dismissed

Manas @ Nirmal Banerjee v. State Of West Bengal And ANR

2025-12-16Hon'Ble Justice Tirthankar Ghosh2 pages

16.12.2025 Court No.35.

D/L. 37.

Kausik (Rejected) CRM (M) 2561 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Uttarpara Police Station Case No. 86 of 2024 dated 26.02.2024 under sections 4/5/6/9/14/15 of Immoral Trafficking (Prevention) Act, 1956 and under section 6 of the POCSO Act, 2012;

And In the matter of : Manas @ Nirmal Banerjee ......Petitioner.

Ms. Jeenia Rudra ......for the Petitioner.

Ms. Faria Hussain, Ld. APP Ms. Baishakhi Chatterjee ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for about 1 year and 8 months and till date no witness has been examined, although charges were framed in June, 2024.

Additionally, it has been submitted, prosecution intends to rely upon 40 witnesses in support of its case as there is no possibility of trial concluding in near future. Learned advocate submits that on any stringent condition petitioner may be released on bail.

Learned advocate for the State on the other hand submits that the petitioner and other accused persons are

equally responsible for delaying the trial. The statements of the victim reflect complicity of the present petitioner along with other accused persons. The nature of the offence is heinous and if the petitioner is released on bail there is every possibility of the trial being jeopardized.

Having regard to the complicity of the present petitioner, I am not inclined to release the petitioner on bail. Accordingly, CRM (M) 2561 of 2025 is dismissed. Learned Special Court is directed to examine all the minor witnesses along with the victims at the earliest preferably within the next 6 months.

Petitioner would renew his prayer for bail after the aforesaid time period is over.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)