30.07.2026 Item No.4 Court No.9 CHC (Rejected) Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side C.R.M. (M) 214 of 2026 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Pradhan Nagar Police Station Case No. 223 of 2026 dated 23.03.2026 under Sections 64/107/61(2) of the Bharatiya Nyaya Sanhita, 2023 read with Section 06 of the Protection of Children from Sexual Offences Act, 2012. And In the matter of : Samir Ali @ Elli & Anr. ...… petitioners Mr. Subham Ghosh, Advocate Mr. Mayank Roy, Advocate ...for the petitioners Mr. Avrojyoti Das, Ld. A.P.P. Mrs. Panchali Deb Sikder (Nag), Sr. Govt. Advocate Mr. Kallol Ghosh, Advocate Mr. Abhilash Mittal, Advocate …for the Sate Mr. Sudipto Kumar Mazumdar, Sr. Advocate Mr. Shubhankar Dutt, Advocate Mr. Sudip Kr. Paul, Advocate …for the de facto complainant 1. Prayer for bail of the petitioners is taken up for consideration. 2. It is submitted by the learned advocate for the petitioners that petitioners happen to be the brother and mother of the principal accused. The principal accused is alleged to have lured the victim and committed sexual assault against her on the promise to marry her. Later on, the principal accused refused to marry for which the victim 2 committed suicide. Learned advocate for the petitioners further submits that the petitioners have been in custody for a considerable period of time. The investigation of the case has concluded and chargesheet has been submitted. However, charges could not be framed because one of the accused i.e. father of the principal accused is still absconding. He prays for bail. 3. De facto complainant is represented and opposes the prayer for bail. 4. On the other hand, learned advocate appearing for the State refers to various materials in the Case Diary including the statements of the witnesses recorded under Section 180 of the BNSS. 5. I have gone through the materials in the Case Diary including the statements of the witnesses recorded under Section 180 of the BNSS. In consideration of the materials in the Case Diary which implicates the petitioners in the incident, I am not in a position to enlarge the petitioners on bail. 6. Consequently, the prayer for bail of the petitioners is rejected. 7. CRM(M) 214 of 2026 is dismissed. (Md. Shabbar Rashidi, J.) 3