Calcutta High CourtCRM(M)/2540/2025allowed

Xxxxxx v. State Of West Bengal And ANR

2025-12-11Hon'Ble Justice Tirthankar Ghosh2 pages

11.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No.12 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (M) 2540 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Coke Oven Police Station Case No. 226 of dated 18.11.2024 under Sections 137(2)/140(3)/64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4/6 of the Protection of Children from Sexual Offences Act, 2012.

And In Re :

XXX ... Petitioner.

Mr. Subrata Bhattacharjya ... For the Petitioner.

Mr. Sandip Chakraborty, Mr. Ratul Ghosh ... For the State.

Report submitted by the learned advocate appearing for the State be kept with the record.

Pursuant to the direction passed by this Court, service has been effected upon the de facto complainant. Learned advocate appearing for the petitioner draws the attention of the Court to the deposition of witness no.1 who is the victim in the case pending before the learned Special Court.

Learned advocate for the State is present.

Having taken into account the deposition of the witness no.1, I am of the view that further detention of the present petitioner is unwarranted. As such, the prayer for bail of the petitioner is allowed.

Accordingly, the petitioner shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under POCSO Act-cum-Additional Sessions Judge, 1st Court, Durgapur.

If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Trial Court and shall not leave the jurisdiction of the district of Paschim Bardhaman without the permission of the learned Trial Court.

The application for bail, being CRM (M) 2540 of 2025, is, thus, disposed of.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)