Aneswar Mandal v. State Of West Bengal And ANR

03.07.2026 Court No.35.

D/L. 12.

Kausik (Allowed) CRM (M) 2753 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 Habibpur Police Station FIR No. 19 of 2024 dated 03.02.2024 under Sections 376(3)/506 of the Indian Penal Code read with Section 6 of POCSO Act, 2012.

And In the matter of : Aneswar Mandal ......Petitioner.

Mr. Sayantan Hazra Ms. Emrul Kayes ......for the Petitioner.

Mr. Gouranga Kumar Das Mr. Amal Kumar Datta ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for more than 1 year and 3 months and prosecution has relied upon 15 witnesses, out of which two witnesses have been examined including the victim. Attention of the Court has been drawn to the crossexamination of the victim also. Learned advocate for the State has produced the case diary, opposes the prayer for bail, drawn the attention of the Court to the statement of the victim under Section 164 of the Cr.P.C. as well as the Medico Legal Examination Report. I have taken into account the overall materials including the cross-examination of the victim.

Having considered the period of detention of the present petitioner and without going into the merits of the case, I am inclined to release the petitioner on bail.

As such, the prayer for bail of the petitioner is allowed. Accordingly, Petitioner, namely, Aneswar Mandal 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 Judge, POCSO Act, 2nd Court, Malda.

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 jurisdiction of District of Malda without the prior permission of the learned Special Court. Accordingly, CRM (M) 2753 of 2025 is allowed. Memo of Evidence submitted be kept with the record. Mr. Gouranga Kumar Das, learned APP and Mr. Amal Kumar Datta, learned advocate was directed to represent the State. Their appearance be regularized by the concerned authorities.

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.)