Gopal Sardar @ Bhola Sardar v. State Of West Bengal And ANR

D/L 25 14.11.2025 C.R.M. (M) 1947 of 2025 In Re: An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kotwali Police Station Case No.646 of 2025 dated 06.06.2025 under Sections 329(4)/65(1)/351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 04(2) of the POCSO Act, 2012;

Gopal Sardar @ Bhola Sardar

Versus

The State of West Bengal & Anr Mr. Sumanta Das.

...for the petitioner.

Mr. Adil Badr Ms. Rita Dutta.

...for the State.

Ms. Anindita Kundu.

...for the de facto complainant.

Affidavit-of-service filed by the petitioner be kept with the Bpg.

Dismissed record.

Petitioner is in custody for 161 days and there are hardly any allegations so far as the present petitioner is concerned and, as such, the petitioner may be released on bail. It is further contended that there is another criminal case in which the present petitioner is supporting the cause for which he has been falsely implicated in connection with the instant case.

Learned advocate appearing for the State has produced the case diary as also the statement under Section 164 of Cr.P.C. of the victim girl.

Learned advocate for the de facto complainant is present and submits that on 9th December, 2025 date has been fixed for

evidence of the victim girl.

Having considered that the evidence of the victim girl is yet to commence, at this stage, I am not inclined to release the petitioner on bail.

Accordingly, CRM (M)1947 of 2025 is dismissed. Petitioner would be at liberty to renew his prayer for bail after the stage of Section 35 of the POCSO Act is over. 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.)