05/08/2026 D/L – 266 Court No.35 S. Kundu C.R.M.(M) 1669 of 2026 In Re: An application for bail under Section 483 of the BNSS, 2023. In connection with Malda P.S Case no. 15 of 2023 dated 16/01/2023 under sections 376(3)/305 of the IPC read with Section 6 of the POCSO Act. In the matter of: Akbar Sk …Petitioner. Md. Anwar Hossain Mr. Benajir Hasna Mr. Aliul Islam Mr. Sadid Haider …for the petitioner. Mr. Apan Saha Mr. T. Ahmed …for the de-facto complainant. Ms. Hasi Saha Mr. Saswata Chatterjee …for the State. Learned advocate appearing for the petitioner submits that the petitioner is unnecessary languishing in jail for more than 3 years 6 months and there has been hardly any progress in the case. Only 4 witnesses have been examined and prosecution intends to examine substantial number of witnesses. There is no possibility of trial being concluded in the near future. As such, the petitioner be released on bail. Learned advocate for the State has produced the case diary. I find that the petitioner is not only facing charges under the POCSO Act but also under Section 305 of the IPC. 2 As a matter of last chance, prosecution is directed to complete rest of the witnesses within a period of six months from date. Records reflect that the earlier prosecution submitted before the Court that they intent to examine 12 witnesses. All efforts be exerted to conclude rest of the witnesses within the aforesaid period of six months. The Superintendent of Police, Malda would engage a Nodal Officer to ensure that the witnesses are present on the dates fixed before the Special Court. The petitioner will renew his prayer for bail after the aforesaid time period is over. Accordingly, CRM (M) 1669 of 2026 is dismissed. Memo of evidence filed by the State is taken on record. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)