Calcutta High CourtCRM(M)/1827/2025allowed

Petitioner v. State Of West Bengal And ANR

2026-01-28Hon'Ble Justice Tirthankar Ghosh2 pages

28.01.2026 Court No.35.

M /L.182.

Rakib (Allowed) CRM (M) 1827 of 2025 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 Baguihati Police Station case no. 65 of 2024 dated 29.01.2024 under Sections 276(3)/376 of the Indian Penal Code and Section 6 of the POCSO Act.

And In the matter of : XXXXXX.

......Petitioner.

Mr. Kushal Kumar Mukherjee Mr. Sayan Das Mr. Syed Imtiaz Hossain Mr. Arijit Bose ......for the Petitioner.

Ms. Zareen N. Khan Ms. Suruchi Saha ......for the State.

Learned advocate appearing for the petitioner submits that the accused is in custody for 793 days and only two witnesses have been examined out of 10 witnesses cited by the prosecution. Learned advocate for the State opposes the prayer for bail. I have taken into account the deposition of the victim girl and the overall circumstances of the present case. Having considered the period of detention of the present petitioner, I am of the view that he may be released on bail on stringent conditions. Accordingly, the prayer for bail of the petitioner is allowed. As such, petitioner namely, XXXXXX 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 Special Judge under the POCSO Act, Barasat, North 24 Parganas.

If on bail, the petitioner shall be physically present on each and every date before the learned trial Court in seisin of the case and shall not leave the jurisdiction of district of North 24 Parganas without the prior permission of the learned Special Court. However, the petitioner shall not enter the jurisdiction of Baguihati Police Station without leave of the Inspector-inCharge/Officer-in-Charge of that police station. In case, there is violation of any of the aforesaid conditions, learned trial Court would cancel the bail of the petitioner without further reference of this Court.

Accordingly, the application for bail being CRM (M) No. 1827 of 2025 is allowed.

Case Diary be returned to the learned advocate for the State. 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.)