Dismissed¶18

Abdul Mainuddin @ Saif v. State of West Bengal and Anr.

Calcutta HC6 Mar 2026CRM(M)/1165/2025

Case brief

AI extract

What is this about?

Bail refused; bail application dismissed at this stage; Abdul Mainuddin @ Saif; custody 1 year 11 months 18 days; Bowbazar Police Station Case No. 215/2023 dated 29.10.2023; sections 376/506/120B IPC 1860; section 4 POCSO Act 2012; Section 483 BNSS 2023; Section 439 CrPC 1973; Section 183 BNSS statement of victim; charges yet to be framed; learned Special Court; victim cited presumably as CSW 1; bail till evidence of victim over; expedite progress of case; Special Court directed to examine victim; Tirthankar Ghosh, J.; 06.03.2026; CRM (M) 1165 of 2025.

What did the court decide?

Having regard to the stage of the case and the fact that charges are yet to be framed by the learned Special Court, the Court is not inclined to release the petitioner on bail till the evidence of the victim is over. ¶16

Abdul Mainuddin @ Saif Vs State of West… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

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06.03.2026 Court No.35. D/L. 13. Kausik (Rejected)

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CRM (M) 1165 of 2025

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In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Bowbazar Police Station Case No. 215/2023 dated 29.10.2023 under sections 376/506/120B of the Indian Penal Code, 1860 and section 4 of the POCSO Act, 2012.

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And

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In the matter of : Abdul Mainuddin @ Saif

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……Petitioner. Mr. Zohaib Rauf Mr. Abdul Zahid ……for the Petitioner.

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Mr. Sourav Bhattacharyya Mr. Sarthak Burman

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…..for the Victim Lady.

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Mr. Baisali Basu, Jr. Govt. Adv. Ms. Manashi Roy

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Learned advocate appearing for the petitioner submits that petitioner is in custody for 1 year, 11 months and 18 days. Petitioner is aggrieved by the manner in which he has been implicated in the case. There are materials in his custody to show that he is innocent of the charges and as such submits that he may be released on bail on any stringent condition.

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Learned advocate for the State has produced the case

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diary.

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I have considered the statement of the victim under Section 183 of the BNSS.

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Learned advocate for the defacto complainant is represented.

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Having regard to the stage of the case and the fact that charges are yet to be framed by the learned Special Court, I am not inclined to release the petitioner on bail till the evidence of the victim is over.

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Having considered the period of detention of the present petitioner, I direct the learned Special Court to expedite the progress of the case and within a reasonable period of time proceed towards the stage of examination of the victim who has been cited presumably as CSW 1.

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With the aforesaid observations CRM (M) 1165 of 2025 is dismissed at this stage.

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All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

¶21

(Tirthankar Ghosh, J.)

Abdul Mainuddin @ Saif v. State of West Bengal and Anr.

Case brief

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Abdul Mainuddin @ Saif v. State of West Bengal and Anr.

Case brief

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What did the court decide?

What the court decided

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