Petitioner v. State Of West Bengal And ANR

23.12.2025 Serial no. 88 [G.S.D] CRM (M) 2755 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 Simlapal Police Station Case No. 84 of 2024 dated 28.10.2024 u/s 363/365/376(2)(n) of the IPC and u/s 6 of the POCSO Act.

-AndIn the matter of : XXX ... Petitioner(s) Mr. Riddhiman Mukherjee Mr. Anish Roy ... for the Petitioner(s) Mr. Arindam Sen Ms. Prtha Paul ... for the State-respondent(s) Mr. Arkaprabho Roy Mr. Soujanyo Pattanayak ... for the Victim The petitioner prays for bail on the ground that the victim/p.w.1 has been declared hostile. Learned advocate also submits that the petitioner is in custody for more than one-year-one-month.

Learned advocate for the defacto-complainant opposes the prayer for bail.

Learned advocate for the State also opposes the prayer for bail.

Having considered the deposition of the victim and the period of detention, I am of the view that further custodial detention of the present petitioner is unwarranted. 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 Court under POCSO Act, Khatra, Bankura.

If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned trial court and shall not leave the district of Bankura without prior intimation to the learned trial court or the court in seisin of the case.

Accordingly, CRM(M) 2755 of 2025 is allowed.

Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)