Sabdul Sk v. State Of West Bengal And ANR

05.06.2026.

Item No. 16.

pk/ap (Allowed) C.R.M. (M) 1369 of 2026 In Re:- An application for bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, filed on 29.05.2026 in connection with Chapra Police Station Case No. 1262 of 2024 dated 14.12.2024 under Sections 4/6 of the Protection of Children from Sexual Offences Act, 2012 and Section 65(2) of Bharatiya Nyaya Sanhita, 2023. And In the matter of: Sabdul Sk.

...Petitioner

Mr. Santanu Talukdar, Mr. Priyankar Ganguly, Ms. Shalini Bairagi, Mr. Amaandeep Gupta, Ms. Pipasa Chakraborty ...For the petitioner Mr. Krishnendu Bhattacharya, APP, Mr. Anurag Sardar ....For the State Mr. Sourav Mukherjee ... For the de facto complainant.

1. Heard the submissions of the learned advocates appearing for the parties.

2. The petitioner is a septuagenarian person.

3. The prayer for bail has made on the ground of prolonged incarceration as well as the existing family dispute between the parties which is apparent from the evidence adduced by the de facto complainant as also the mother of the victim.

4. The prosecution, on the other hand, opposes the prayer for bail. However, it is apparent that the trial is continuing for more than one year six months that is beyond the stipulated period.

5. Considering the age of the petitioner, nature of the accusation and the period of detention and in view of the fact that out of 22 witnesses, 10 witnesses have been examined and there is remote possibility of conclusion of trial, this

Court is inclined to allow the prayer for bail of the present petitioner.

6. Accordingly, the prayer for bail is allowed.

7. The petitioner, namely, Sabdul Sk. be released on bail upon furnishing a bond of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under POCSO Act, Krishnagar, Nadia subject to the condition that he shall not intimidate witnesses or tamper with evidence in any manner whatsoever. He shall appear before the learned trial Court on each and every day of hearing.

8. In the event the petitioner fails to adhere to any of the conditions stated above without any justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

9. The application for bail is disposed of.

10. Case diary be returned.

11. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

12. Urgent certified website copy of this order, if applied, for be supplied to the parties upon compliance with all requisite formalities.

(Chaitali Chatterjee (Das), J.)