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2026 DAILYLAW 27900 (CAL)

NUR ALAM SK v. STATE OF WEST BENGAL AND ANR

CRM(M)/2858/2025 · 2026-07-14

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.07.2026 IN THE HIGH COURT AT CALCUTTA Item No.8 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. C.R.M. (M) 2858 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Hariharpara Police Station Case No. 587 of 2024 dated 25.08.2024 under Sections 417/376(2)(n) of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012. And In Re : Nur Alam Sk. ... Petitioner. Ms. Minoti Gomes, Mr. Jisan Iqubal Hossain ... For the Petitioner. Mr. Satadru Lahiri ... For the State. Ms. Suchismita Dutta ... For the de facto complainant. Notice regarding acknowledgement of the private opposite party no.2/de facto complainant submitted by the learned advocate appearing for the State be kept with the record. Report dated 13.07.2026 submitted on behalf of the State be also kept with the record. Learned advocate appearing for the petitioner submits that the petitioner is in custody for more than 1 year 10 months. The victim was almost attaining the age of majority and as such, consented to the act and thereafter has implicated the present petitioner in the instant case. Learned advocate appearing for the de facto complainant opposes the prayer for bail. 2 Learned advocate appearing for the State also opposes the prayer for bail, produces the case diary and draws the attention of the Court to the medico-legal examination report as well as the statement of the victim recorded under Section 183 of the BNSS. State has submitted a report which reflects that seven witnesses have been examined and prosecution would examine another three witnesses in support of its case. There were adjournments which were taken. As such, the trial could not be completed. Having considered the merits of the case and the materials which have surfaced, I am not inclined to release the petitioner on bail at this stage. As such, the prayer for bail of the petitioner is rejected. However, the learned Trial Court is directed to conclude the evidence of rest of the witnesses within a period of five months from the date of communication of this order. In case, within the aforesaid period, the trial of the case is not concluded, learned Trial Court would release the petitioner on bail on such terms and conditions as it deems fit and proper. The application for bail, being CRM (M) 2858 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. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)