Abishek Kumar Gupta@Prasad v. The State Of West Bengal
February 17, 2026 94 ARDR
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION CRM (M) 8 of 2026 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kalimpong Police Station Case No. 143 of 2023 dated 1/11/2023 under Section 6 of the POCSO Act, 2012.
And In Re :
Abhishek Kumar Gupta @ Prasad ... Petitioner Adv. Nishant Nav Rasaily, ... for the Petitioner.
Adv. Ujjwal Luksom, Adv. Sagnik Sankar Sikdar, ..for the State.
The petitioner is in custody for more than 800 days and prays for bail primarily on the ground of prolonged incarceration. Learned counsel for the State submits that trial will be completed within three months from the next date of evidence fixed before the learned trial Court subject to cooperation by the petitioner and systemic reasons.
Allegation against the petitioner is extremely serious in nature.
Considering the material on record, prayer for bail is rejected at this stage.
However, in view of the prolonged incarceration of the petitioner, the learned trial Court is directed to expedite the trial in the light of the submission made on behalf of the State. The petitioner shall be entitled to renew his prayer for bail in the event the trial is not concluded in terms of the undertaking given by the State.
CRM (M) 8 of 2026 is disposed of.
Case Diary be returned.
Urgent certified website copy of this order, if applied for, be given to the parties, upon compliance with all requisite formalities. (Suvra Ghosh, J.)