ARCHANA GHOSH @ MONA BISWAS v. THE STATE OF WEST BENGAL AND ANR
CRM(DB)/165/2025 · 2025-08-11
Kausik Chanda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52073 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52073 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri
Criminal Miscellaneous Jurisdiction
11.08.2025.
Appellate Side 41 Suman Ct. 01 Rejected CRM (DB) 165 of 2025
In re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ under Section 439 of the Code of Criminal Procedure, 1973 in connection with Special POCSO Case No.62(10) of 2019 and in connection with Siliguri Women Police Station Case No.204 of 2019, dated 16.10.2019 under Sections 357/363/365/366A/370 A of the Indian Penal Code and read with Section 6/17 of Protection of Children from Sexual Offences Act, 2012 read with Sections 3/4/5/6/7 of Immoral Traffic Prevention Act, 1956.
And
In the matter of : Archana Ghosh @ Mona Biswas … petitioner
Mr. Hillol Saha Podder Ms. Mousumi Das
..for the petitioner
Mr. Nilay Chakraborty Mr. Tapan Bhattacherjee
..for the State
It is submitted that although a Division Bench of this Court, by an order dated January 8, 2024, directed that the trial be concluded preferably within a period of one year from the date of the order, the trial has not yet been completed.
Learned advocate representing the State submits that out of 17 (seventeen) witnesses, the examination of 13 (thirteen) witnesses has already been completed. It is expected that the remaining witnesses will be examined on
2 the next date of hearing. He further submits that, having regard to the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, the petitioner should not be enlarged on bail during the pendency of the trial.
Having regard to the fact that the trial is at the verge of conclusion, I am not inclined to entertain the prayer of the petitioner at this stage.
Accordingly, CRM (DB) 165 of 2025 is rejected.
Let an urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on the usual undertakings.
(Kausik Chanda, J.)