23.09.2026 IN THE HIGH COURT AT CALCUTTA Item No.5 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Rejected C.R.M. (M) 2018 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Jamuria Police Station Case No. 529 of 2022 dated 25.10.2022 under Sections 376/323/325 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012. And In Re : Shambhu Soren ... Petitioner. Mr. Gaurav Dutta, Mr. Srinjan Ghosh, Mr. Shaumilya Majumder ... For the Petitioner. Mr. Shataroop Purkayastha ... For the State. Learned advocate appearing for the petitioner submits that petitioner is in custody for more than three years ten months. Till date, only eight witnesses have been examined and prosecution proposes to examine 11 more witnesses. There has been no progress in the case since the last rejection on 19.02.2026. According to the learned advocate, petitioner is unnecessarily languishing in jail and there is no possibility of the trial concluding in near future. As such, petitioner prays for bail on any stringent condition. Learned advocate appearing for the State opposes the prayer for bail and draws the attention of the Court to the statement of the victim recorded under Section 183 of BNSS as well as medico-legal examination report. 2 Both the materials which have been relied upon are substantiating the prosecution case for offences both under Section 376 of the IPC as well as under the relevant provisions of the POCSO Act. The victim has already been examined and she has corroborated the evidence in material particulars. Having considered the heinousness of the offence, I am of the view that it would not be fit and proper to release the petitioner on bail only on the ground that the trial could not proceed in the last seven months which are for reasons beyond the control of the prosecution. As such, the prayer for bail of the petitioner is rejected. Considering the nature of the offence committed, learned Trial Court is directed to expedite the trial keeping in mind the period of detention of the present petitioner. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (M) 2018 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.)