Calcutta High CourtCRM(M)/237/2025rejected

Salim Islam v. The State Of West Bengal And ANR

2025-11-26Hon'Ble Justice Md. Shabbar Rashidi2 pages

26.11.2025 Sl. No.33 Court No.4 s.biswas CALCUTTA HIGH COURT In the Circuit Bench at Jalpaiguri Appellate Side C.R.M.(M) 237 of 2025 In Re: - An application for bail under Section 483 of Bharatatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 in connection with Malbazar P.S. Case No. 647/2024 dated 08.11.2024 under Sections 4(2)/17/12 of the POCSO Act.

And In the matter of: Salim Islam ....Petitioner Mr. Jaydeep Kanta Bhowmik Mr. Sayantan Bhowmik Mr. Shubham Kumar ... for the petitioner Mr. Abhijit Sarkar Mr. Bhaskar Das Mr. Kallol Nag ...for the State Ms. Sayantani Das ... for the de-facto complainant

1. Petitioner renews his prayer for bail.

2. It is submitted on behalf of the petitioner that the petitioner has been in custody for over a year. Although charge-sheet has been submitted in the case, charges are yet to be framed. The petitioner prays for bail on the ground of prolonged incarceration.

3. Learned counsel appearing for the State refers to various materials in the case diary including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. He opposes the prayer for bail of the petitioner.

4. The de-facto complainant is represented.

5. I have heard the submissions made on behalf of the parties. Perused the materials in the case diary. It transpires that the petitioner has been arrested for an allegation under Sections 4(2), 17 and 12 of the POCSO Act. Materials in the case diary including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure establishes penetrative advancement of the petitioner as against the victim. The bail prayer of the petitioner was earlier rejected on April 25, 2025. The materials on record do not show any material change in the circumstances from April 25, 2025, except longer period of incarceration.

6. In such circumstances, considering the nature and gravity of offence and materials in the case diary, I am not inclined to grant bail to the petitioner at this stage.

7. The prayer for bail is rejected.

8. Accordingly, CRM(M) 237 of 2025 is disposed of. (Md. Shabbar Rashidi, J.)