25.08.2026 IN THE HIGH COURT AT CALCUTTA Item No.245 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Rejected C.R.M. (M) 1291 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Sonarpur Police Station Case No. 605 of 2022 dated 03.06.2022 under Sections 376(2)(f)/376(2)(n)/ 376AB/328 of the Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offences Act. And In Re : XXX Vs. State of West Bengal & anr. Mr. Moyukh Mukherjee, Mr. Joy Chakraborty ... For the Petitioner. Mr. Kallol Mondal, Ld. PP., Mr. Anamitra Banerjee ... For the State. Mr. Jayanta Kumar Pain ... For the de facto complainant. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 4 years 2 months and prosecution intended to examine eight witnesses, but till date, only one witness has been examined which is the first victim. So far as the second victim is concerned, her evidence is still in progress. Learned advocate appearing for the de facto complainant opposes the prayer for bail and submits that sedatives were used and thereafter there was sexual torture at the behest of the stepfather. Learned advocate appearing for the State opposes the prayer for bail and draws the attention of the Court to the statements of both the victims under Section 164 of the Code 2 of Criminal Procedure as well as the medico-legal examination report. I have considered the materials appearing in the case diary and I find that one of the victims is 11 years of age; primarily, the medico-legal examination report reflects that there has been violation committed allegedly at the behest of the accused. Having considered the fact that a person of trust has violated the privacy of the minor girls, I am of the opinion that the merits of the case do not call for invoking the provisions of Article 21 of the Constitution of India. As such, the prayer for bail of the petitioner is rejected. The application for bail, being CRM (M) 1291 of 2026, is, thus, dismissed. All concerned parties shall act on the server copy of this order duly 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.)