14.07.2026 Court No.35. D/L.01. Rakib (Rejected) CRM (M) 2779 of 2025 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 Haripal Police Station case no. 206 of 2024 dated 15.04.2024 under Sections 376(3)/376(2)(n)/354(c)/506 of the Indian Penal code and under Section 6(1) of the POCSO Act, 2012 and under Section 66E/67B of the Information Technology Act, 2000. And In the matter of : Sk. Sakir Hossain @ Subha Chatterjee @ Sk. Sakir Hussain ……Petitioner. Mr. Suman Chakraborty .....for the Petitioner. Mr. Gouranga Kr. Das, Ld. APP Mr. Soumya Raha ……for the State. Learned advocate appearing for the petitioner submits that petitioner is in custody for two years and till date no witness has been examined. It has been informed that bailable warrant of arrest has been issued for appearance of the informant as a witness before the learned trial Court. Petitioner as such prays for bail. Mr. Gouranga Kr. Das, learned Additional Public Prosecutor along with Mr. Soumya Raha are appearing for the State. Their appointments may be regularized by the concerned authorities. Learned advocate appearing for the State opposes the prayer for bail and draws the attention of the Court to the statement of the victim under Section 183 of the BNSS as also the report. 2 Prima facie, it appears that there was circulation of obscene materials at the behest of the present petitioner. To that effect, the report of the Cyber Crime Expert has been enclosed. Having regard to the fact that till date the victim has not been examined, I am not inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is rejected at this stage. However, it is directed that within a period of three months the victim and her parents be examined. Learned Special Court, thereafter, would leniently consider the prayer for bail of the present petitioner. With the aforesaid directions CRM (M) 2779 of 2025 is dismissed. Memo of evidence and report 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.)