Swarup Maity v. The State Of West Bengal And ANR

22.12.2025 Serial no. 47 [G.S.D] CRM (M) 2671 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Panskura Police Station Case No. 870 of 2025 dt. 25.09.2025 u/s 126(2)/3(5) of BNS & Section 6(1)/8 of the POCSO Act.

-AndIn the matter of : Swarup Maity ... Petitioner(s) Mr. Sabir Ahmed Mr. Sudip Kushri Mr. Tasnim Ahmed Mr. Dhiman Banerjee ... for the Petitioner(s) Mr. Arijit Ganguly Ms. Suparna Chatterjee ... for the State-respondent(s) Mr. Ranjan Kumar Kali ... for the defacto - complainant(s) Learned advocate for the petitioner submits that the petitioner is in custody since 6th October, 2025 and chargesheet has been submitted under Section 8 of the POCSO Act along with other Sections of the BNS, as such, on any stringent condition, the petitioner may be released on bail. Learned advocate for the State opposes the prayer for bail and has produced the Case Diary. It is submitted by the learned advocate that other accused person who happens to be the brother of the present petitioner is absconding.

Learned advocate for the defacto-complainant also opposes the prayer for bail.

Having considered the stage of the case, I am not inclined to enlarge the petitioner on bail.

Hence, the prayer for bail of the petitioner is Rejected.

However, the learned trial court is directed to split up the trial of the case after exhausting the process of law. The petitioner will renew his prayer for bail after the evidence of the victim is over.

Accordingly, CRM(M) 2671 of 2025 is dismissed. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)