31.08.2026 Court No.35. D/L.271. Rakib (Allowed) CRM (M) 1697 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 Jibantala Police Station case no. 373 of 2017 dated 17.05.2017 under Sections 363/120B/365/366A/120B/372/373/376(2)(i) of the Indian Penal Code and Section 6 of the POCSO Act, 2012. And In the matter of : Ali Mohammad Khan ……Petitioner. Mr. Deepak Prahladka Ms. Reshmi Khatun Mr. Samir Mishra .....for the Petitioner. Mr. Anirban Mitra ......for the De-facto complainant. Mr. Amit Halder Mr. Chandra Gupta Kamal ……for the State. Learned advocate appearing for the petitioner submits that petitioner is in custody for more than nine years two months and out of 22 witnesses it has been submitted that 12 witnesses have been examined. State has disputed the contention and submitted that next date is fixed for examination under Section 313 of Cr.P.C. Learned advocate appearing for the de-facto complainant submits that the accusations are grievous that the victim was twice raped and sold in the present case. I have taken into account the nature of the accusations. The more the seriousness in the accusations it is the duty of the 2 prosecution to adhere to the provisions of law and ensure that the trial is properly conducted. Petitioner is in custody for more than nine years two months, till date no clear picture is there as to when the examination of witnesses would be completed. Having regard to the same, I am of the opinion that further detention of the present petitioner is unwarranted. As such, prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Ali Mohammad Khan shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Chief Judicial Magistrate, Alipore, South 24 Parganas. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of South 24 Parganas without prior permission of the learned Trial Court. With the aforesaid observations, CRM (M) No. 1697 of 2026 is allowed. Memo of evidence 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. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)