Eyad Ali Shaikh @ Eyad Ali Sk. v. State Of West Bengal And ANR.

03.02.2026

IN THE HIGH COURT AT CALCUTTA

Item No.14 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (M) 70 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Swarupnagar Police Station Case No. 564 of dated 23.08.2025 under Sections 127(2)/65(1)/64(2)(m)/351(3) of the Bharatiya Nyaya Sanhita, 2023 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.

And In Re : Eyad Ali Shaikh @ Eyad Ali Sk.

... Petitioner.

Mr. Debasis Kar ... For the Petitioner.

Mr. Sanjoy Bardhan, Ms. Debolina Das ... For the State.

Report submitted by the learned advocate appearing for the State be kept with the record.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for more than 5 months and is aged about 72 years and has been falsely implicated in connection with the instant case.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that the victim is aged about 12 years.

Be that as it may, charge-sheet has been submitted under Section 6 of the POCSO Act. As such, I direct the learned Special Court to comply with the provisions of Section 35 of the POCSO Act.

At this stage, the prayer for bail of the petitioner is rejected.

Petitioner would renew his prayer for bail after the evidence of the victim is over.

The application for bail, being CRM (M) 70 of 2026, is, thus, disposed of.

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.)