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Calcutta High CourtCRM(M)/2119/2025allowed

Prasanta Ghosh v. State Of West Bengal And ANR

2025-10-16Hon'Ble Justice Apurba Sinha Ray2 pages

16.10.2025 D/L No.95 Court No.6 S.Gayen/ Rohan Vacation Bench (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(M) 2119 of 2025 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dholahat Police Station Case No. 46 of 2023 dated 30.01.2023 under Sections 363/365 of the Indian Penal Code, 1860 and under Section 6(1) of the POCSO Act, 2012. -AndIn the matter of: Prasanta Ghosh

...Petitioner

Mr. Supriyo Shasmal ...for the Petitioner

1. Affidavit of service filed in Court today is taken on record.

2. Having heard the learned counsel for the petitioner and considering the materials on record, it appears that the mother of the accused has died on 6th October, 2025 and he has prayed for an order of interim bail.

3. None appears on behalf of the State in spite of service.

4. In view of the above factum of death of the mother of the petitioner, I am inclined to grant the prayer for interim bail.

5. Accordingly, the application for bail is, thus, allowed.

6. I direct that the petitioner will be released on bail till 23rd October, 2025 upon furnishing a personal bond of Rs.5,000/- (Rupees five thousand only) and on that day, the petitioner shall surrender before the learned Trial Court who shall remand the petitioner in

judicial custody under intimation to the Regular Bench, to the satisfaction of the learned ACJM, Kakdwip, South 24 Parganas. The petitioner shall appear before the learned Trial Court on each and every day of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973/Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall not leave the jurisdiction of the concerned police station without prior permission of the learned Trial Court.

7. In the event, the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

8. Thus, the application for bail being C.R.M. (M) 2119 of 2025 stands disposed of.

9. All parties shall act on the server copy of this order duly downloaded from the official website of this Hon'ble Court.

10. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities. (Apurba Sinha Ray, J.)