31.07.2026 Item No.18 Court No.9 CHC (Rejected) Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side C.R.M. (M) 217 of 2026 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Alipurduar Police Station Case No.157 of 2025 dated 03.05.2025 under Sections 85/103(1)/80(2)/35 of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Aijul Miya @ Hossain ...… petitioner Mr. Prajnadeepta Roy, Advocate Mr. Abhishek Singh, Advocate Mr. Jaimallya Bhattacharya, Advocate ...for the petitioner Mr. Avrojyoti Das, Ld. A.P.P. Mr. Kallol Ghosh, Advocate Mr. Tapas Prasad, Advocate …for the State Mr. Bhaskar Roy Mahashaya, Advocate …for the de facto complainant 1. Prayer for bail of the petitioner is taken up for consideration. 2. It is submitted by the learned advocate for the petitioner that the petitioner has been in custody for about six months. According to learned advocate for the petitioner, there are no allegations as against the petitioner. It is also submitted that all other accused persons were granted bail. The petitioner has been in custody for six months. There is hardly any chance of trial concluding in the near 2 future. On such ground, the learned advocate for the petitioner prays for bail. 3. State and the de facto complainant are represented. 4. It is submitted by the learned advocate for the State that the petitioner is alleged to have committed rape upon the victim and subsequently, she was killed. There are allegations of repeated rape by the present petitioner upon the victim. Learned advocate for the State refers to various materials in the Case Diary including the statement of the mother of the victim recorded under Section 183 of the BNSS. Learned advocate for the State further submits that the charges stood framed on May 19, 2026. Trial of the case has already commenced. There is every chance that the trial of the case shall be concluded in the near future. In such circumstances, learned advocate for the State opposes the prayer for bail. 5. It transpires from the materials on record that the petitioner along with other accused persons are accused of the offences under Sections 85/80(2)/108/64/3(5) of the BNSS. The materials in the case diary including the statement of the mother of the victim show that there are allegations of repeated rape upon the victim by the present petitioner. The charges stood framed and the case is already fixed for recording evidence on behalf of the prosecution. 3 6. In such circumstances, taking into consideration the nature of allegations as against the petitioner at the stage of trial, I am not inclined to enlarge the petitioner on bail. 7. Consequently, the prayer for bail of the petitioner is rejected. 8. CRM(M) 217 of 2026 is dismissed. (Md. Shabbar Rashidi, J.)