Calcutta High CourtCRM(M)/424/2026allowed

Xxxxxx v. State Of West Bengal And ANR

2026-03-27Hon'Ble Justice Tirthankar Ghosh3 pages

27.03.2026 Serial no. 84 [G.S.D] CRM (M) 424 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 PTN Case No. 1481 of 2025 arising out of Kaliachak Police Station Case No. 1423 of 2025 dated 14.08.2025 u/s 137(2)/140(3)/61(2) of the BNS, 2023 read with Section 6 of the POCSO Act, 2012 along with Section 9/10 of the Prohibition of Child Marriage Act.

-AndIn the matter of : XXX ... Petitioner(s) Mr. Mrityunjoy Chatterjee ... for the Petitioner(s) Mr. Debasish Roy, ld. PP Mr. Mujibar Ali Naskar Mr. Sachit Talukdar ... for the State-respondent(s) Report submitted by the State be kept with the record.

Learned advocate for the petitioner submits that the petitioner is in custody since 30th November, 2025 and the evidence, as a whole, do not specifically implicate the present petitioner.

Learned advocate for the State has produced the case diary.

I have taken into account the statement of the victim.

Having considered the same, I am of the opinion that in the facts and circumstances of the present case, further detention of the present petitioner is unwarranted.

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

Accordingly, the petitioner viz, XXX 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 2nd Court under POCSO Act, Malda.

If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned trial court and shall not leave the district of Malda without prior intimation to the learned Special court. Accordingly, CRM(M) 424 of 2026 is allowed.

Pending application(s), if any, is also disposed of. 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.)