Calcutta High CourtCRM(M)/409/2026allowed

Bijay Das @ Bapan Das v. State Of West Bengal And ANR

2026-04-08Hon'Ble Justice Tirthankar Ghosh3 pages

08.04.2026 Serial no. 27 [G.S.D] CRM (M) 409 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Special Case No. 48 of 2023 arising out of Harishchandrapur Police Station Case No. 502 of the 2023 dated 31.05.2023 u/s 377 of the IPC, 1860 read with Section 6 of the POCSO Act, 2012.

-AndIn the matter of : Bijay Das @ Bapan Das ... Petitioner(s) Ms. Sujata Das ... for the Petitioner(s) Ms. Shaila Afreen Ms. Trisha Rakshit ... for the State-respondent(s) Mr. Purbayan Chakraborty Ms. K. Kubra ... for the defacto-complainant Learned advocate for the petitioner submits that the petitioner was arrested on 01.06.2023 and since then he is in custody. According to the learned advocate, out of the 10 witnesses proposed to be examined by the prosecution, seven witnesses have already been examined by the prosecution.

Learned advocate for the defacto-complainant opposes the prayer for bail.

Learned advocate for the State submits that there are materials to support that the petitioner was last seen with the minor victim boy.

Having considered the overall circumstances including the period of detention of the present petitioner, I am of the opinion that the petitioner may be enlarged on bail.

Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Bijay Das @ Bapan Das shall be released on bail upon furnishing 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 the Learned Judge, Special Court, Chanchal, Malda. If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Special court and shall not leave the jurisdiction of the district of Malda without prior intimation to the learned Special Court.

Additionally, the petitioner shall once in a week meet with the Officer-in-charge/Inspector-in-charge of Harishchandrapur Police Station till further orders of this court.

Accordingly, CRM(M) 409 of 2026 is allowed.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)