Calcutta High CourtCRM(M)/2819/2025allowed

Samiran Habar v. State Of West Bengal And ANR

2026-03-11Hon'Ble Justice Kausik Chanda2 pages

11.03.2026 Ct. No. 237 Sl. No.14 skg Allowed CRM (M) - 2819 of 2025 In Re: An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali Police Station Case No. 250 of 2025 dated 26.02.2025 under Section 137(2)/140(3) of BNS, 2023 and subsequently Charge Sheet submitted on 13.10.2025 being Charge Sheet No. 1118 of 2025 dated 13.10.2025 under Section 137(2)/140(3) of the BNS, 2023 and r.w.s 4 of the Protection of Children from Sexual Offences Act, 2012 and presently pending before the Learned Judge Special Court under POCSO Act, Krishnagar, Nadia in POCSO Case no. 118 of 2025.

And In Re :

Samiran Habar ...petitioner Mr. Santanu Talukdar, Mr. Amanul Islam, Mr. Sourav Mukherjee, Mr. Raja Das, .....for the petitioner Mr. Partha Pratim Das, Mr. Karan Bapuli, ...for the State Mr. Sujoy Sarkar, ...for de facto complainant The learned Advocate appearing for the petitioner submits that there was a love affair between the petitioner and the victim girl. The learned Advocate further submits that the victim girl is aged about 17 years and 7 months, while the petitioner is about 20 years of age. The learned Advocate appearing for the de facto complainant does not oppose the prayer for bail.

Having regard to the statement of the victim girl recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of the like amount each, one of whom must be a local, to the satisfaction of the learned Judge, Special Court under the POCSO Act, Krishnanagar, Nadia.

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.

Accordingly, CRM (M) 2819 of 2025 stands allowed. (Kausik Chanda, J.)