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Calcutta High CourtCRM(M)/357/2026allowed

Xxxx v. State Of West Bengal And ANR

2026-03-12Hon'Ble Justice Kausik Chanda2 pages

12.03.2026 Ct. No. 237 Sl. No.30 (Susanta) Allowed CRM (M) - 357 of 2026 In Re: An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Thanarpara Police Station Case No. 331 of 2025 dated 13.10.2025 under Sections 137(2)/140(3)/85/65(1)/3(5) of the BNS, 2023 and adding Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9/10 of the Prohibition of Child Marriage Act, 2006 and 66E/67 of the Information Technology Act, 2000 and subsequently Charge-sheet submitted on 05.12.2005 being Charge-sheet No. 388 of 2025 under Sections 137(2)/140(3)/85/65(1)/3(5) of the BNS, 2023 and adding Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9/10 of the Prohibition of child Marriage Act, 2006 and 66E/67 of The Information Technology Act, 2000 and presently pending before the Learned Judge Special Court under POCSO Act, Tehatta, Nadia in POCSO no. 78 of 2025. And In Re :

XXX ...petitioner Mr. Santanu Talukdar, Mr. Amanul Islam, Mr. Sourav Mukherjee, Mr. Raja Das, .....for the petitioner Mr. Anupam Das Adhikari, Mr. Asraf Mandal, ...for the State Mr. Md. Golam Nure Imrohi, Mr. Partha Pratim Sinha, ...for de facto complainant The petitioner is in custody above five months. Having regard to the nature of allegations as apparent from the statement of the victim girl recorded under Section 183 of the BNS, 2023, I am of the view that the further custodial detention of the petitioner is not warranted in this case.

Accordingly prayer for bail is allowed.

Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of the like amount each, one of whom must be a local, to the satisfaction of the learned Judge, Special Court under the POCSO Act, Tehatta, Nadia.

It is further directed that the petitioner shall appear before the trial Court on every date of hearing until further orders and shall not intimidate any witnesses or tamper with evidence in any manner. Failure on the part of the petitioner to comply with the aforesaid conditions shall entitle the trial Court to cancel the bail granted to the petitioner in accordance with law, without any further reference to this Court.

Accordingly, CRM (M) 357 of 2026 stands allowed. (Kausik Chanda, J.)