Calcutta High CourtCRM(M)/2677/2025allowed

Sk Sayeb @ Asik Ikbal Sha v. The State Of West Bengal And ANR

2025-12-22Hon'Ble Justice Tirthankar Ghosh2 pages

22.12.2025 Court No.35.

D/L. 52.

Kausik (Allowed) CRM (M) 2677 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Nandigram Police Station Case No. 363 of 2025 dated 11.06.2025 under section 137(2)/140(3)/3(5) of Bharatiya Nyaya Sanhita read with sections 6 of POCSO Act, 2012.

And In the matter of : Sk. Sayeb @ Asik Ikbal Sha ......Petitioner.

Mr. Rajdeep Mazumder, Sr. Adv.

Ms. Arushi Rathore Ms. Triparna Roy ......for the Petitioner.

Mr. Saryati Dutta Mr. Sachit Talukdar ......for the State.

Learned Senior Advocate appearing for the petitioner submits that the petitioner is in custody for 6 months and charge sheet has already been submitted before the jurisdictional Court. Copies of the documents proposed to be relied by the prosecution has already been served. Learned advocate for the State produces the case diary and draws the attention of the Court to the statement of the victim under Section 183 of the BNSS as also refers to a document which reflects that the victim girl refused to undergo medico-legal examination.

Having considered the period of detention of the present petitioner and the background of the case, I am of the view further detention of the petitioner is unwarranted. As such the prayer for bail of the petitioner is allowed. Petitioner, namely, Sk. Sayeb @ Asik Ikbal Sha shall furnish 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 Learned Special Judge under POCSO Act, Haldia, Purba Medinipur. If on bail, the petitioner shall be physically present on each and every date fixed before the learned Trial Court and shall not leave the District of Purba Medinipur without the permission of the learned Special Court.

With the aforesaid observations CRM (M) 2677 of 2025 is allowed.

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.)