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2026 DAILYLAW 29846 (CAL)

JENAUL HOQUE @ JENAUL ISLAM v. STATE OF WEST BENGAL AND ANR.

CRM(M)/1438/2026 · 2026-07-23

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

23.07.2026 Serial no. 247 [G.S.D] CRM (M) 1438 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with POCSO Case No. 99 of 2026 [PTN No. 2501 of 2026] arising out of Bhutni PS Case No. 21 of 2026 dated 19th February, 2026 u/s 137(2)/140(3)/3(5) of the BNS, 2023 and adding Section 6 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act, 2006. -And- In the matter of : Jenaul Hoque @ Jenaul Islam … Petitioner(s) Mr. Asraf Mandal … for the Petitioner(s) Mr. Shataroop Purkayastha Ms. Nayana Mukhopadhyay … for the State-respondent(s) Mr. Manas Kumar Das … for the defacto-complainant Learned advocate for the petitioner submits that there has been change of circumstances and there was relationship between the petitioner and the victim. Learned advocate for the defacto-complainant also supports the contention of the petitioner. Learned advocate for the State opposes the prayer for bail and produces the statement of the victim as well as the medicolegal examination report. Having considered the stage of the case, as it has been contended that charges have been framed, I am not inclined to enlarge the petitioner on bail. 2 Hence, the prayer for bail of the petitioner is Rejected. However, it is directed that the trial court will complete the evidence of the victim as P.W.1 within a month from the date of communication of this order. Thereafter, if there is change of circumstances, after the evidence of the victim is over, if any application for bail is preferred by the accused [present petitioner], then, on an appreciation of the change of circumstances in the deposition of the victim girl, the learned trial court will not hesitate to release the petitioner on bail. Accordingly, CRM (M) 1438 of 2026 is disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Tirthankar Ghosh, J.)