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2026 DAILYLAW 37284 (CAL)

JARJISH ALI @ JARJIS HOSSAIN v. STATE OF WEST BENGAL AND ANR

CRM (A)/1903/2026 · 2026-08-31

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

31.08.2026 Serial no. 2 [G.S.Das] Assistant Registrar (Court) CRM (A) 1903 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Banshihari PS Cse No. 313 of 2025 dated 14.07.2025 u/s 137(2)/140(3)/3(5) of the BNS, adding Section 6 of the POCSO Act. -And- In the matter of : Jarjish Ali @ Jarjis Hossain … Petitioner(s) Ms. Jeenia Rudra Mr. Rishab Deb Barman … for the petitioner(s) Mr. Goutam Dey Mr. Neel Chakraborty … for the State-respondent(s) Report submitted by the State be kept with the record. However, inspite of the service, none appears on behalf of the defacto-complainant. Learned advocate for the petitioner submits that pursuant to the incident, both the parties sat together and entered into an agreement. I have taken into account the contents of the same but the statement of the victim before the learned Judicial Magistrate has much more evidential value. 2 State has produced the case diary. I have taken into account the statement of the victim. Having considered that the allegation against the present petitioner is serious and heinous, I am not inclined to grant anticipatory bail to the present petitioner. Hence, the prayer for anticipatory bail of the petitioner is Rejected. However, the evidence of the victim be first placed before the learned trial court. The learned trial court, if it feels after the evidence of the victim is over, that there has been change of circumstances pursuant to the FIR and the charge-sheet being submitted, the learned Special Court will leniently consider the application for bail, if any, of the present petitioner. Accordingly, CRM (A) 1903 of 2026 is dismissed. The learned trial court would adhere to the directions passed above. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Tirthankar Ghosh, J.) 3