14.07.2026 Sl. No. 464 Court No.35 Rohan (Rejected) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(M) 1175 of 2026 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with S.P.L. No. 01 of 2021 arising out of Simlapal Police Station Case No. 31 of 2021 dated 26.03.2021 for the offences punishable under Sections 376(3) of the Indian Penal Code, 1860 read with Section 6 of the POCSO Act, 2012. -And- In the matter of: Swapan Sarkar …Petitioner Ms. Rajashree Venket Kundalia …for the Petitioner 1. Affidavit of service filed by the petitioner be kept with the record. 2. None appears for the State. 3. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 1565 days. Evidences of the vulnerable witnesses are over and the trial would take some time for being taken to its logical conclusion. As such, the petitioner be released on bail. 4. Records of the case reflect that at the relevant point of time, the victim was 12 years 3 months and the victim became pregnant. The DNA test result reflects complicity of the present petitioner. 2 5. Having considered the same and in the light of the provisions of the POCSO Act, 2012, I am not inclined to release the petitioner on bail. 6. As such, the prayer for bail of the petitioner is rejected. 7. Accordingly, CRM (M) 1175 of 2026 is dismissed. 8. All parties shall act in terms of the server copy of the order downloaded from the official website of this Court. 9. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)