Calcutta High CourtCRM(M)/791/2026allowed

Xxxx v. State Of West Bengal And ANR

2026-04-27Hon'Ble Justice Tirthankar Ghosh3 pages

27.04.2026 Serial no. 169 [G.S.D] CRM (M) 791 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 Krishnagar Kotwali Police Station Case No. 437 of 2024 dated 23.04.2024 u/s 363/34 of the IPC, charge-sheet submitted u/s 363/34of the IPC and Section 6 of the POCSO Act corresponding to POCSO Case No. 71 of 2024.

-AndIn the matter of : XXX ... Petitioner(s) Mr. Prabir Majumder Mr. Snehansu Majumder Ms. Sangeeta Chakraborty Mr.Debraj Shil Ms. Anindita Kundu ... for the Petitioner(s) Mr. Imran Ali Mr. Saktya Mukherjee ... for the State-respondent(s) Mr. Tasnim ahamed ... for the defacto - complainant(s) Learned advocate for the petitioner submits that the petitioner is in custody for about one year eleven months and the evidence of the victim girl has already been recorded.

It has been emphasized that since the petitioner is in custody for a substantial period of time and there is no accusations that the persons who have been granted bail being the parents of the present petitioner created any obstruction in the progress of the trial or tampered with the evidence of the present case, the petitioner may be released on bail.

Learned advocate for the State opposes the prayer for bail and produces the case diary.

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

I have taken into account the evidence of the victim; the statement of the victim under section 183 of the BNSS as also the medicolegal examination report.

Having taken into account the totality of the circumstances and the period of detention of the present petitioner, I am of the view that 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 Court under POCSO Act, Krishnagar, Nadia.

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 Nadia without prior intimation to the learned Special Court/trial court.

Accordingly, CRM (M) 791 of 2026 is allowed.

Report submitted be kept with the record.

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.)