D/L247 31.08.2026 Bpg. C.R.M. (M) 1492 of 2026 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Bamangola Police Station Case No.132 of 2023 dated 10.08.2023 under Sections 448, 376(2)(n) of the Indian Penal Code and 4 of the Protection of Children from Sexual Offences Act; Subrata Sarkar @ Sanjib @ Bathu @ Sourav Versus The State of West Bengal & Anr. Mr. Sagar Saha Ms. Nayana Mukhopadhyay Mr. Manjeet Saha Mr. Subhrajyoti Das. ...for the petitioner. Mr. Subrata Mukherjee Mr. Neel Chakraborty. …for the State. Learned advocate appearing for the petitioner submits that the petitioner is in custody for a period of three years and till date the evidence of the witness of the prosecution has not been completed, as such, the petitioner may be released on bail. Learned advocate for the State opposes the prayer for bail and has drawn the attention of the Court to the statement of the victim as well as the medical evidence. I have taken into account the evidence of the victim also. Having considered the overall circumstances, I am of the 2 opinion that prosecution prima facie has overcome all of the statutory compliances including the materials which are before the court and are overwhelming. The medical evidence also supports the prosecution case. As such, considering the heinousness of the offence, it is difficult to invoke the provisions of Article 21 of the Constitution of India. Accordingly, the prayer for bail of the petitioner in CRM(M)1492 of 2026 is dismissed. All 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 of all requisite formalities. (Tirthankar Ghosh, J.)