Sumanta Haldar v. State Of West Bengal And ANR
23.12.2025
IN THE HIGH COURT AT CALCUTTA
Item No.61 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.
Allowed C.R.M. (M) 2728 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Dum Dum Police Station Case No. 242 of 2023 dated 18.09.2025 under Section 376 of the Indian Penal Code, 1860 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 and charge-sheet submitted Section 377 of the Indian Penal Code, 1860 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012.
And In Re :
Sumanta Haldar ... Petitioner.
Mr. Niladri Sekhar Ghosh, Mr. Souvik Dey ... For the Petitioner.
Mr. Anupam Das Adhikary, Ms. Poulami Bose ... For the State.
Ms. Suchismita Dutta ... For the de facto complainant.
Affidavit-of-service filed in Court today be kept with the record.
Learned advocate appearing for the petitioner submits that the petitioner is in custody for 2 years 7 months and in spite of earlier directions of this Court, the victim till date has not been examined.
Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that the next date has been fixed for examination of the victim on 20.01.2026.
Learned advocate appearing for the de facto complainant submits that there are multiple injuries. I have considered the statement of the victim boy who is aged about 14 years along with medical documents which are available in the case diary. Considering the period of detention of the present petitioner, I am of the view that the petitioner be released on bail. As such, the prayer for bail of the petitioner is allowed.
Accordingly, the petitioner viz., Sumanta Haldar 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, Barrackpore, North 24-Parganas. If on bail, the petitioner shall stay outside the jurisdiction of Dum Dum Police Station and shall inform his residential address to the court before being released. The petitioner would meet with the Officer-in-Charge/Inspectorin-Charge of the local police station where he would reside once in a week for the next three months after his release. The petitioner shall also 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 North 24-Parganas without prior permission of the learned Special Court. Report submitted by the learned advocate appearing for the petitioner be kept with the record.
The application for bail, being CRM (M) 2728 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.)