Calcutta High CourtCRM(M)/2596/2025dismissed

Aaa v. State Of West Bengal And ANR

2025-12-22Hon'Ble Justice Tirthankar Ghosh2 pages

22.12.2025 Court No.35.

D/L. 18.

Kausik (Rejected) CRM (M) 2596 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 Gobardanga Police Station Case No. 257/2021 dated 31.10.2021 under Sections 363/365/376(3)/34 of the Indian Penal Code read with Section 6 of the POCSO Act, 2012.

And In the matter of : AAA ......Petitioner.

Mr. Sachit Talukdar Mr. Tirtharaj Ghoshal ......for the Petitioner.

Mr. Kingsuk Mondal ....for the Defacto.

Mr. Anupam Das Adhikary Mr. Pratick Bose ......for the State.

Report submitted by the State be kept with the record. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 3 years and 8 months and till date only 6 witnesses have been examined by the prosecution.

There is no possibility of the prosecution concluding within a limited period of time as such it is submitted that the petitioner may be released on bail.

On the other hand, learned advocate for the State submits that all efforts would be exerted by the prosecution but if things are beyond control by the prosecution, it may not be possible to take steps as desired.

Learned advocate appearing for the State submits that within 6 months, State would complete the trial. However, having considered that 3 years and 8 months have passed as a matter of last opportunity, I grant 4 months time to the prosecution to conclude all their prosecution evidences. If the prosecution fails to do the same within the next 4 months, learned Trial Court will release the petitioner on bail on such terms and conditions as it deems fit and proper ensuring for further appearance of the accused in course of the prosecution.

At this stage, CRM (M) 2596 of 2025 is dismissed. 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.)