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2026 DAILYLAW 26917 (CAL)

AFTAB RAHMAN @ AFI v. STATE OF WEST BENGAL AND ANR

CRM(M)/2775/2025 · 2026-07-07

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.07.2026 Serial no. 25 [G.S.D] CRM (M) 2775 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Khardah PS Case No. 367 of 2025 dated 23.07.2025 u/s 6 and 10 of the POCSO Act, 2012, corresponding to POCSO Case No. 174 of 2025. -And- In the matter of : Aftab Rahman @ Afi … Petitioner(s) Mr. Ali Ahsan Alamgir Mr. Salauddin Ahamed Ms. Som Mal Mr. June Modak Ms. Rabia Khatoon … for the Petitioner(s) Mr. Rajendra Banerjee, ld. APP Mr. Amal Kumar Datta … for the State-respondent(s) There was a direction upon the State to effect service upon the private opposite party. However, inspite of such direction, the same has not been complied with by the State. Learned advocate for the petitioner submits that the petitioner is in custody for more than 11 months and although charges have been framed but till date the evidence of the victim has not been recorded. Mr. Rajendra Banerjee, ld. APP, appears for the State along with a junior of his choice as per the directions of this court. The appointment of both Mr. Banerjee and the junior of his choice be regularized by the concerned authority. 2 I have taken into account the materials appearing in the case diary as produced by the State and, on an assessment of the same, I am of the view that after the evidence of the victim is over, the petitioner be released on bail by the learned Special Court. It is categorically directed that the Officer-in-charge of Khardah Police Station/the Investigating Officer of the case would ensure that the victim is made available at least on two dates in the next three months. The learned trial court would fix a regular schedule in the next three months for appearance of the victim. With the aforesaid observations, CRM (M) 2775 of 2025 is disposed of. Learned advocate for the petitioner and the State would be at liberty to communicate this order to the learned Special Court in seisin of the case. Report submitted by the State be kept with the record. Affidavit-of-service filed be also kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Tirthankar Ghosh, J.) 3