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Calcutta High Court (Appellete Side)

2012 vs In Re : Mabud Sk on 4 February, 2026

Author: Tirthankar Ghosh

Bench: Tirthankar Ghosh

04.02.2026 IN THE HIGH COURT AT CALCUTTA Item No. M/L.144 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (M) 2117 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kaliachak Police Station Case No. 732 of 2024 dated 25.05.2024 under Sections 363/365/376D/ 376DA/376(3)/34 of the Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.

And In Re : Mabud Sk ... Petitioner.

Mr. Abhishek Chakraborty, Mr. Musharraf Alam Sk.

... For the Petitioner.

Mr. Prasun Kumar Datta, APP, Mr. Santanu Deb Roy ... For the State.

Mr. Md. Aslam Khan ... For the de facto complainant. Report submitted by the learned advocate appearing for the State be kept with the record.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 1 year 8 months and there has been hardly any progress in the trial and till date, only one witness has been examined out of 16 witnesses.

Learned advocate appearing for the de facto complainant opposes the prayer for bail.

Learned advocate appearing for the State has produced the case diary and drawn the attention of the Court to the statement of the victim as well as the medical reports.

2

Having considered that the complicity of the present petitioner is much more than the other accused persons who have been granted bail, I am of the view that this is not a fit case for releasing the petitioner on bail. As such, the prayer for bail of the petitioner is rejected.

Learned Trial Court would expedite the process of trial considering that the petitioner is facing the custodial trial.

The application for bail, being CRM (M) 2117 of 2025, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly 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.)