Calcutta High CourtCRM(M)/1017/2026allowed

Xxxxxxxxxx v. State Of West Bengal And ANR

2026-06-19Hon'Ble Justice Tirthankar Ghosh2 pages

19.06.2026 Court No.35.

D/L.21.

Rakib (Allowed) CRM (M) 1017 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Diamond Harbour Police Station case No. 193 of 2025 dated 07.06.2025 under Sections 85/80 of Bharatiya Nyaya Sanhita, 2023 read with Sections 6/10 of the POCSO Act.

And In the matter of : XXXXXXX.

......Petitioner.

Mr. Debabrata Acharyya Ms. Sital Samanta.

.....for the Petitioner.

Mr. Moyukh Mukherjee ......for the State.

Report submitted by the State be kept with the record. In spite of service none appears on behalf of the de-facto complainant.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for one year one month, charge-sheet has already been submitted and the prosecution has relied upon 15 witnesses in support of its case. As such, petitioner prays for bail on any stringent conditions.

Learned advocate appearing for the State opposes the prayer for bail and draws the attention of the Court to the different statements of the witnesses.

I have taken into account the materials appearing in the Case Diary including the post-mortem report. On assessment of overall materials, I am of the opinion that further detention of the

petitioner is unwarranted in the fact and circumstances of the case. Accordingly, the prayer for bail of the petitioner is allowed. As such, the petitioner 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, Diamond Harbour, South 24 Parganas.

If on bail, the petitioner shall be physically present on each and every date before the learned Special Court and shall not leave the jurisdiction of South 24 Parganas without prior permission of the learned Special Court.

Accordingly, CRM (M) No. 1017 of 2026 is allowed. All parties shall act in terms of server copy of the order 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.)