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Calcutta High CourtCRM(M)/2716/2025allowed

Shashi Kumar v. State Of West Bengal And ANR.

2026-03-12Hon'Ble Justice Kausik Chanda2 pages

12.03.2026 AKG Court 237 Allowed CRM (M) 2716 of 2025 In Re: - An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023; in connection with Balarampur Police Station Case No. 34 of 2025 dated February 09, 2025 under Sections 137(2)/140(3)/65(1) of the Bharatiya Nyaya Sanhita, 2023 read with Section 9 of the Prohibition of Child Marriage Act read with Section 6 of the Protection of Children from Sexual Offences Act giving rise to Sessions (Spl.) Case No.40 of 2025, pending before the Court of the Learned Additional District and Sessions Judge, 2nd Court (Special Court under the POCSO Act), Purulia.

And In the matter of: Shashi Kumar .... Petitioner Mr. Navonil De, Mr. Srinjan Ghosh ... For the Petitioner Ms. Zareen N. Khan, Mr. Md. Yaser A. Ismail ... For the State Let the affidavit of service filed by the petitioner, demonstrating service upon the victim girl, be kept on record. The petitioner appears to be aged about 19 years, whereas the victim girl is aged about 15 years and nine months. As reflected from the statement of the victim girl recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, I find substance in the submissions advanced on behalf of the petitioner that there existed a love affair between the petitioner and the victim girl. The petitioner has remained in custody for a period of seven months and eleven days. Before the trial Court, only the charges have been framed thus far.

In view of the aforesaid circumstances, I am of the opinion that further detention of the petitioner is not necessary. Accordingly, CRM (M) 2716 of 2025 is allowed, and the petitioner is granted bail on condition that he shall furnish a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional District and Sessions Judge, 2nd Court (Special Court under the POCSO Act), Purulia.

It is further directed that the petitioner shall appear before the trial Court on every date of hearing until further orders and shall not intimidate any witnesses or tamper with evidence in any manner. Failure on the part of the petitioner to comply with the aforesaid conditions shall entitle the trial Court to cancel the bail granted to the petitioner in accordance with law, without any further reference to this Court.

(Kausik Chanda, J.)