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2026 DAILYLAW 28231 (CAL)

SAMARESH PARUI @ SOMORESH PARUI v. STATE OF WEST BENGAL AND ANR

CRM(M)/1102/2026 · 2026-07-15

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

15.07.2026 IN THE HIGH COURT AT CALCUTTA Item No.5 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Rejected C.R.M. (M) 1102 of 2026 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Basudevpur Police Station Case No. 77 of 2022 dated 05.06.2022 under Sections 363/342/376DA of the Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 66E of Information Technology Act. And In Re : Samaresh Parui @ Somoresh Parui ... Petitioner. Mr. Md. Golam Nure Imrohi, Mr. Sandipan Maity, Mr. Arindam Roy Chowdhury, Mr. Partha Pratim Sinha ... For the Petitioner. Mr. Pinaki Bhattacharyya, Mr. Sanjib Das ... For the State. Report submitted by the learned advocate appearing for the State along with the acknowledgement of the private opposite party no.2/de facto complainant be kept with the record. Memo of Evidence 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 four years and two witnesses have only been examined. The evidence of the third witness is in progress and prosecution intends to rely upon 20 witnesses. It has been submitted that there is no scope of the trial concluding in near future. As such, petitioner may be released on bail. 2 Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and draws the attention of the Court to the statement of the victim as also the medico-legal examination report. I have taken into account the overall materials which are appearing including the statement of the victim. The victim has identified the accused in court. The manner in which she was ravished do indicate the participation of the present petitioner. The same was considered earlier by the Division Benches of this Hon’ble Court. Petitioner is facing charges under Section 376DA of the Indian Penal Code which prescribes punishment for imprisonment of life which includes the natural life of a person. Having considered the gravity of the offence as well as the materials which have surfaced in course of the evidence, I am not inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is rejected. Learned Trial Court would put in efforts for expediting the process of trial. The application for bail, being CRM (M) 1102 of 2026, 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. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)