Petitioner v. State Of West Bengal And ANR

27.03.2026 Court No.35.

D/L. 34.

Kausik (Allowed) CRM (M) 336 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 Jetia Police Station Case No. 150 of 2024 dated 19.09.2024 under section 6 of the POCSO Act, 2012.

And In the matter of : XXXX ......Petitioner.

Mr. Moyukh Mukherjee Mr. Monojit Debnath Mr. Abhijit Singh ......for the Petitioner.

Mr. Bibaswan Bhattacharya Mr. Poonnug Roy ....for the Defacto complainant (through CHCLSC). Ms. Shaila Afrin Ms. Sana Naaz ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for about 1 year 6 months and the evidence of the victim has already been recorded by the learned Trial Court.

Learned advocate for the defacto complainant is present and opposes the prayer for bail, particularly, the conduct of the present petitioner even after the offence was committed. Learned advocate for the State has drawn the attention of the Court to the statement of the victim under section 183 of

the BNSS as well as the recordings of the medical officer. Having regard to the period of detention of the present petitioner and considering the fact that the evidence of the victim has already been recorded, at this stage, I am inclined to release the petitioner on bail on certain stringent condition. Accordingly, the prayer for bail of the petitioner is allowed.

Accordingly, Petitioner 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 Special Judge, POCSO Act, Barrackpore, North 24 Parganas.

If on bail, the petitioner shall be physically present on each and every date fixed before the learned Trial Court and shall not leave the jurisdiction of District of 24 Parganas North without the prior permission of the Learned Special Court. Additionally, petitioner shall not enter in the jurisdiction of Jetia Police Station. Petitioner shall inform the address where he would be residing prior to his release before the learned Special Court as well as the Officer-in-Charge of the local police station. If required, the learned Special Court would be at liberty to impose condition for attending the local police station where the petitioner would reside once in a fortnight till the learned Trial Court is confident of waiving the same. Accordingly, CRM (M) 336 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.)