← Library
Calcutta High CourtCRM(M)/1324/2026allowed

Chandan Debnath @ Rahul v. State Of West Bengal And ANR

2026-06-15Hon'Ble Justice Tirthankar Ghosh3 pages

D/L54 15.06.2026 C.R.M. (M) 1324 of 2026 Bpg.

Allowed In Re: An application for Bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Nabadwip Police Station Case No.589 of 2025 dated 08.08.2025 under Sections 118(2)/351(2)/65(1)/74/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 and charge-sheet submitted under Sections 65(1)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and adding Section 6 of the Protection of Children from Sexual Offences Act, 2012;

Chandan Debnath @ Rahul

Versus

The State of West Bengal & Anr.

Mr. Jaydeep Biswas Mr. Amanul Islam Mr. Sourav Mukherjee Mr. Kaushik Ghosh Mr. Gourav Roy.

...for the petitioner.

Ms. Priti Kar Bagchi.

...for the State.

Ms. Sananda Bhattacharyya Ms. Sharmistha Das.

...for the de facto complainant.

Affidavit of service filed by the petitioner be kept with the record.

Report submitted by the State be also kept with the record.

Learned advocate for the de facto complainant enters appearance.

Learned advocate appearing for the petitioner submits

that the petitioner is in custody for more than 7 months. Pursuant to the earlier direction passed by this Court on 25.03.2026 the evidence of the victim as well as the mother of the victim has already been recorded.

Petitioner submits that another 8 witnesses are to be examined by the prosecution, as such, the petitioner may be released on bail.

Learned advocate for the de facto complainant opposes the prayer for bail and submits that not only the offence was committed at the behest of the present petitioner but the petitioner was assaulted which resulted fracture in the middle finger of the victim.

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 Cr.P.C. as well as the medical documents. On an assessment of the same, I am of the view that without entering into the merit of the case but because of the fact that some time will be required to take the trial to its logical conclusion, I am inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Chandan Debnath @ Rahul shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned Judge, Special Court, POCSO Act, Nadia. If on bail, the petitioner shall be physically present on each and every date before the learned trial

court and shall not leave the district of Nadia without prior permission of the learned special court. Additionally, petitioner shall not enter into the jurisdiction of Nabadwip Police Station without prior permission of the learned special court. With the aforesaid observations, CRM(M)1324 of 2026 is allowed.

All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)