Calcutta High CourtCRM(R)/30/2026allowed

Awadh Bihari Sharma @ Chhatu Sharma v. State Of West Bengal And ANR

2026-04-07Hon'Ble Justice Tirthankar Ghosh2 pages

07.04.2026

IN THE HIGH COURT AT CALCUTTA

Item No.10 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (R) 30 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Nischinda Police Station Case No. 238 of 2025 dated 15.08.2025 under Sections 78(2)/351(2) of the Bharatiya Nyaya Sanhita, 2023 read with Section 11(iv) of the Protection of Children from Sexual Offences Act. And In Re :

Awadh Bihari Sharma @ Chhatu Sharma ... Petitioner.

Dr. Achin Jana, Mr. Amal Kumar Datta, Mr. Prosenjit Ghosh, Ms. Chetna Rustagi, Mr. Debojyoti Kumar, Ms. Darothi Mukherjee ... For the Petitioner.

Mr. Anupam Das Adhikary ... For the State.

Report submitted by the learned advocate appearing for the State along with the acknowledgement of the private opposite party no.2/de facto complainant be kept with the record.

Learned advocate appearing for the petitioner submits that the petitioner in response to summons, appeared before the learned Special Court and was taken into custody and since then i.e. from 11.03.2026 he is in custody. Learned advocate appearing for the State opposes the prayer for bail.

Having considered that the petitioner abided and responded to the summons issued and was not taken into

custody in course of the investigation, I am of the view that further detention of the present petitioner in connection with the instant case is unwarranted. As such, the prayer for bail of the petitioner is allowed.

Accordingly, the petitioner viz., Awadh Bihari Sharma @ Chhatu Sharma shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the POCSO Act, Howrah. If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Special Court. The application for bail, being CRM (R) 30 of 2026, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly 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.)