Calcutta High CourtCRM(M)/2494/2025allowed

Xxxxx v. State Of West Bengal And ANR

2026-04-21Hon'Ble Justice Tirthankar Ghosh3 pages

21.04.2026 Serial no. 84 [G.S.D] CRM (M) 2494 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with POCSO Case No. 72 of 2023 arising out of Dum Dum PS Case No.

of dated 12.05.2023 u/s 366A/370/372A/372/373/120B of IPC and 3/4/5/7/9/17 of the Immoral Traffic (Prevention) Act read with Section 4 of the POCSO Act. -AndIn the matter of : XXX ... Petitioner(s) Mr. Joy Chakraborty Mr. Kunal Ganguly Mr. Sandip Dinda ... for the Petitioner(s) Mr. Partha Pratim Das Ms. Sana Naaz ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for two years eleven months and has been implicated only on the foundation that the parents had been running the brothel.

Learned advocate for the State opposes the prayer for bail and relies upon the statement u/s 164 of the Cr.P.c. of the victim girls who have been recovered. The statement reflects the names of Manoj Roy and Mita Roy being the parents of the petitioner but not the name of the present petitioner - Samrat Roy.

Considering the time which has lapsed and the fact that till date charges have not been framed, without

entering into the merits of the case, I am inclined to enlarge the petitioner on bail.

Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, XXX 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 POCSO Act, Barrackpore.

If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Special court and shall not leave the district of North 24 Parganas without prior intimation to the learned Special court.

Learned Special Court is directed to take steps so that the case against the accused persons who are absconding is filed and the trial in respect of the custody accused be proceed with.

Accordingly, CRM (M) 2494 of 2025 is allowed. Report submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)