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2026 DAILYLAW 38824 (CAL)

PETITIONER v. STATE OF WEST BENGAL AND ANR

CRM(M)/946/2026 · 2026-09-08

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08.09.2026 IN THE HIGH COURT AT CALCUTTA Item No.25 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Rejected C.R.M. (M) 946 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Nanoor Police Station Case No. 126 of 2024 dated 13.07.2024 under Sections 103/238/65(1) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 4/6 of the Protection of Children from Sexual Offences Act, 2012. And In Re : Petitioner Vs. The State of West Bengal & Anr. Mr. Sanjib Kumar Dan ... For the Petitioner. Mr. Gouranga Kumar Das, APP, Mr. Rajesh Kumar Shah ... For the State. Affidavit-of-service filed in Court today be kept with the record. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 2 years 1 month and has been falsely implicated in connection with the instant case. It has been submitted that there is no possibility of the trial commencing as witness action till date has not commenced. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and draws the attention of the Court to the statement of the minor and the victim recorded under Section 183 of BNSS. The case speaks volumes as the minor complained of being sexually assaulted and her mother being murdered at the instance of the present petitioner. Further after the offence was allegedly committed, a missing diary was lodged 2 at the local police station. Having considered the preplanned manner in which the alleged offence was committed, I am not inclined to release the petitioner on bail at this stage. As such, the prayer for bail of the petitioner is rejected. State is directed to expedite the process. Learned Trial Court would immediately overcome the stage of consideration of charges, if the same has not been completed and within a period of thirty days from the said date fixed, fix the evidence of the minor who is one of the vital witnesses in the instant case. Petitioner will renew his prayer for bail after the evidence of minor is over. Learned advocates for the petitioner and the State will bring this order to the notice of the learned jurisdictional court in seisin of the case so that steps can be taken in accordance with the directions passed above. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (M) 946 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.)