Xxxxxxx v. State Of West Bengal And ANR

17.

05-02-2026 CRM (M) 135 of 2026 (ct. no.35) S. De 265777 In Re: An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of : XXXX.

...Petitioner.

Mr. Kazi M. Rahman, ...for the petitioner.

Mr. Debabrata Chatterjee, Ms. Ankita Paul, ...for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 136 days and there was a matrimonial relationship already existing between the petitioner and the present accused. However, the provisions of the Protection of Children from Sexual Offences (POCSO) Act has been invoked by the investigating agency. Learned advocate for the State has produced the case diary.

I have taken into account the statement of the victim as well as the medical report and as such on an assessment of the same, I direct that the petitioner be released on bail after the evidence of the victim is over.

Learned Special Court is directed to expedite the process of consideration of charges and give priority for examination of the victim as the first witness of the case. With the aforesaid directions, CRM (M) 135 of 2026 is 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 the order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)