Petitioner v. State Of West Bengal And ANR

01.04.2026 In the High Court at Calcutta Sl. No. DL 147 Court No. 35 Criminal Miscellaneous Jurisdiction ALLOWED Appellate Side Asraf, A.R.(Ct.) Case No.

CRM (M) 690 of 2026 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Balagarh Police Station case no.45 of 2019 dated 04.04.2019 under Sections 363, 365 and 376(2)(n)(3) of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

-ANDIn the matter of :

Petitioner ......Petitioner For the Petitioner :

Mr. Priyankar Ganguly Ms. Shalini Bairagi Ms. Pipasa Chakraborty ...Advocates For the State :

Mr. Md. Adil Badr, Jr. Govt. Advocate Mr. Md. Y. A. Ismail ...Advocates 1.

Affidavit of service filed in Court today be taken on record. 2.

Learned advocate appearing for the petitioner submits that the petitioner was initially granted bail, thereafter he did not attend the Court, as such, warrant of arrest was issued and consequently he was arrested. Since his arrest for the second time, he is in custody for one year and four months.

3.

Learned advocate for the State has referred to the statement of the victim under Section 164 of the Code of Criminal Procedure, 1973.

4.

I have taken into account the overall circumstances but the petitioner himself has contributed to the delay in the present case. The circumstances have totally changed, however, having considered the statement of the victim under Section 164 of the Code of Criminal Procedure, 1973 and the evidence which has been adduced on behalf of the prosecution, I am of the opinion that further custodial detention is unwarranted in the facts and circumstances of the present case.

5.

Accordingly, the prayer for bail of the petitioner is allowed. 6.

As such, the 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 the learned Judge, Exclusive POCSO Court, Chinsurah, Hooghly.

7.

If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court in seisin of the case. The petitioner shall not leave the district of Hooghly without prior permission of the concerned Court. Additionally, the petitioner shall meet the Officer-in-Charge or any police personnel deputed by the Officer-in-Charge of the Balagarh police station once a week until further order. 8.

Accordingly, CRM(M) 690 of 2026 is disposed of.

9.

Case diary be returned to the learned advocate appearing for the State.

10. All parties shall act on the basis of server copy of this order duly downloaded from the official website of this Court.

11. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

( Tirthankar Ghosh, J. )