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Calcutta High Court · body

2026 DAILYLAW 32150 (CAL)

X X X X X v. STATE OF WEST BENGAL AND ANR

CRM(M)/1068/2026 · 2026-08-20

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.08.2026 Court No.35. D/L.25. Rakib (Rejected) CRM (M) 1068 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 Kaliyaganj Police Station case no. 392 of 2020 dated 27.09.2020 under Sections 363/376(2)(i)/506/34 of the Indian Penal Code read with sections 6/14 of the POCSO Act, 2012. And In the matter of : XXXX ……Petitioner. Mr. Kaushik Choudhury Mr. Dwaippayan Panda .....for the Petitioner. Mr. Gauranga Kr. Das, Ld. APP Mr. Amartya Mohan Bhattacharyya ……for the State. Learned advocate appearing for the petitioner submits that petitioner is in custody for five years ten months and till date the trial has not been concluded. Learned advocate appearing for the State has submitted a status report. I have also taken into account the post-mortem report and other materials appearing, although, the prosecution has a strong case but for reasons best known the case has not been concluded till date. An accused cannot be detained for indefinite period in course of trial. As a matter of last chance, accordingly three months time is granted to the prosecution to complete the case. Having regard to the long period of detention of the present petitioner, in case, in spite cooperation extended by the accused/petitioner prosecution is unable 2 to complete the witnesses, learned trial Court would release the petitioner on bail on such terms and conditions as the learned trial Court deems fit and proper for ensuring further appearance of the petitioner before the learned trial Court. With the aforesaid observations, CRM (M) 1068 of 2026 is dismissed. Learned Registrar General, High Court, Calcutta will communicate this order to the Jurisdictional POCSO Act Court. Memo of evidence and status report 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. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)