Extracted from the PDF above. The PDF is authoritative.
15.07.2026 Court No.35. D/L.455. Rakib (Rejected)
CRM (M) 1216 of 2026
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 Beldanga Police Station case no. 265 of 2023 dated 11.04.2023 under Sections 376 of the Indian Penal Code, 1860 and under Section 6 of the POCSO Act, 2012. And In the matter of : Gaju Sk
……Petitioner. Mr. Arnab Chatterjee Mr. Anisur Rahaman
.....for the Petitioner. Mr. L. Vishal Kumar Ms. Rima Banerjee
……for the State. Mr. Debasis Kar
......for the De-facto complainant. Learned advocate appearing for the petitioner submits that petitioner is in custody for three years three months and the prosecution till date has examined only 8 witnesses out of the 22 witness cited in the charge-sheet. Petitioner submits that as such petitioner may be granted bail as there is no scope of the trial being taken to its logical conclusion. Learned advocate for the petitioner has also presented the deposition of the relevant witnesses who have been examined till date. Learned advocate appearing for the State has produced the Case Diary and drawn the attention of the Court to the statement of the victim as well as the medico legal examination report. Learned advocate for the de-facto complainant opposes the prayer for bail. 2 I have taken into account the overall circumstances, as a matter of last chance, six months time is granted to the prosecution to complete all the witnesses. It is pertinent to state that such a huge number of witnesses are not required in view of the 8 witnesses who have been examined. Trial Court would insist on reducing the number of witnesses and ask the prosecution to close the evidence by examining few more witnesses utmost two or three witnesses in the maximum. Having observed the aforesaid, at this stage, I am not inclined to release the petitioner on bail. However, learned trial Court would assess after the aforesaid period that in spite of the efforts being exerted and the cooperation extended by the accused, if the trial cannot be completed, he may be released on bail on such terms and conditions as the learned trial Court deems fit and proper. With the aforesaid observations, CRM (M) 1216 of 2026 is disposed of. Parties would communicate this order to the learned trial Court.
Memo of evidence 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. 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.)