Subhash Sarkar @ Spring v. State Of West Bengal And ANR

25.03.2026 Court No.35.

D/L. 22.

Kausik (Allowed) CRM (M) 52 of 2026 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 Karimpur Police Station Case No. 108 of 2024 dated 04.06.2024 under Section 376 AB of the Indian Penal Code, 1860 read with Section 4/6 of POCSO Act, 2012.

And In the matter of : Subhash Sarkar @ Spring ......Petitioner.

Mr. Jaydeep Biswas Mr. Amanul Islam Mr. Sourav Mukherjee Mr. Kaushik Ghosh ......for the Petitioner.

Ms. Sonali Das Ms. Ratna Ghosh ......for the State.

Report submitted by the State be kept with the record. Learned advocate appearing for the petitioner submits that the petitioner is renewing his prayer for bail as there has been hardly any progress of the case. It has been submitted that only two witnesses till date has been examined out of the 13 witnesses cited by the prosecution, which includes the victim and her mother.

Learned advocate for the petitioner further submits that petitioner is in custody since 5th of June, 2024, as such, on any stringent condition petitioner may be released on bail.

Learned advocate for the State submits that all efforts are being made by the prosecution to progress with the trial as next date is fixed in the month of May, 2026. Having considered the period of detention of the present petitioner and the progress of the case, I am of the view that there is no possibility of the trial concluding within a reasonable period of time. As such, I am inclined to release the petitioner on bail without entering into the merits of the case. Accordingly, the prayer for bail of the petitioner is allowed.

Accordingly, Petitioner, namely Subhash Sarkar @ Spring shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each. One of whom must be local to the satisfaction of Learned Additional District and Sessions Judge cum Learned Judge, Special Court (POCSO), Tehatta, Nadia. If on bail, the petitioner shall be physically present on each and every date fixed by the learned Trial Court and shall not enter the jurisdiction of Karimpur Police Station. Petitioner shall, prior to his release, inform his address where he would be staying and consequently learned Court will impose a condition to meet with the Officer-in-Charge of the local police station where he would be residing once in a week till further orders of this Court.

With the aforesaid observations CRM (M) 52 of 2026 is allowed.

All parties shall act in terms of server copy of the order 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.)