Petitioner v. State Of West Bengal And ANR

23.06.2026 Serial no. 53 [G.S.D] CRM (M) 795 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 Chanditala PS Case No. 0003 of 2026 dt. 02.01.2026 corresponding to Special Case (POCSO) 02 of 2026 u/s 126(2)/351(3) of the BNS, 2023 with section 4(2) of the POCSO Act. -AndIn the matter of : Petitioner ... Petitioner(s) Mr. Amitabha Ghosh Ms. Arpita Paul Biswas ... for the Petitioner(s) Mr. Shataroop Purkayastha ... for the State-respondent(s) Report submitted by the State enclosing acknowledgement be kept with the record.

Learned advocate for the petitioner submits that the petitioner is in custody for 170 days and charge-sheet has been submitted. Learned advocate also submits that the prosecution has relied upon 10 witnesses in order to prove its case but till date charges have not been framed. Learned advocate for the State opposes the prayer for bail and draws the attention of the court to the statement of the victim under section 164 of the Cr.P.C. as well as the medical documents which have been relied upon. I have taken into account the materials appearing in the case diary.

Having regard to the totality of the circumstances including the period of detention of the present petitioner as well as the time which will be required for taking the trial to its logical conclusion, I am of the opinion that the ends of justice would be subserved if the petitioner is granted bail and stays outside the jurisdiction of the local police station. 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 Court under POCSO Act, Seerampore, Hooghly.

If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Special court/trial court and shall not leave the district of Hooghly without prior permission of the learned Special court/trial court.

Further, the petitioner shall also not enter the jurisdiction of Chanditala Police Station without prior permission of this court.

Accordingly, CRM (M) 795 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.)