07.07.2026 Court No.35. D/L.269. Rakib (Rejected) CRM (M) 1121 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Krishnagar Women Police Station case no. 114 of 2023 dated 27.12.2023 under Sections 376(3)/506 of the Indian Penal Code and Section 6 of the POCSO Act, 2012. And In the matter of : Ashok Sarkar ……Petitioner. Mr. Sumanta Das .....for the Petitioner. Mr. Dr. Pradip Banerjee, Ld. APP Mr. Sankalpa Bhattacharya ……for the State. Affidavit-of-service filed by the petitioner be kept with the record. Learned advocate appearing for the petitioner submits that petitioner is in custody for two years six months and only 9 witnesses till date have been examined out of the 20 witnesses cited by the prosecution. Reference has also been drawn to the evidence of the victim. Learned advocate appearing for the State opposes the prayer for bail and draws the attention of the Court to the statement of the victim along with the opinion of the State Forensic Science Laboratory wherein it is reflected that the semen available at the inner garments of the victim which is marked as ‘Ext. A’ matched with ‘Ext. C’ which happens to be the semen sample of the accused. 2 Having considered that, prima facie, a case has been made out which is subject to cross-examine by the defence/accused. At this stage, I am not inclined to release the petitioner on bail in spite of the fact that the petitioner is in custody for two years six months. However, the prosecution is directed to complete rest of the relevant witnesses within a period of six months from the date of communication of this Court. With the aforesaid observations CRM (M) 1121 of 2026 is dismissed. Learned advocate for the State will communicate this order to the learned Special Court. Memo of evidence submitted by the State be kept with the record. All parties shall act in terms of server copy of the order 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.)