Calcutta High CourtCRM(M)/2903/2025allowed

Xxxx v. State Of West Bengal And ANR

2026-01-21Hon'Ble Justice Tirthankar Ghosh3 pages

21.01.2026 Court No.35.

D/L. 37.

Kausik (Allowed) CRM (M) 2903 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 Debra Police Station Case No. 116 of 2024 dated 19.02.2024 under Sections 363/365/34/376(2)(n)/376(3) of the Indian Penal Code, 1860 read with Section 6 of the POCSO Act, 2012 read with Section 9/12 of Prohibition of Child Marriage Act.

And In the matter of : XXXX ......Petitioner.

Mr. Amit Ranjan Pati Mr. Sunayan Ghosh Ms. Khadijatul Kubra Ms. Ilika Nag Mr. Avijit Chatterjee Mr. Anish Goswami ......for the Petitioner.

Mr. Anish Tiwari Ms. Swastika Chowdhury Mr. Sourav Gupta ......for the de-facto complainant.

Mr. Md. Adil Badr, Ld. Jr. Govt. Adv.

Mr. Samarjit Balial ......for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for 150 days and there has been subsequent change of circumstances.

Learned advocate for the de-facto complainant do not oppose such contention.

Learned advocate for the State draws the attention of the Court to the statement of the victim under section 183 of the BNSS.

Having considered the totality of the circumstances and the social ramifications involved I am of the view further detention of the petitioner is unwarranted.

Accordingly, the prayer for bail of the petitioner is allowed.

Petitioner 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, Special Court under POCSO Act cum Learned Additional District and Sessions Judge, 2nd Court, Paschim Medinipur.

If on bail, petitioner shall be present on each and every date fixed by the learned Trial Court and shall not leave the jurisdiction of the District of Paschim Medinipur without the permission of the learned Trial Court.

Accordingly, CRM (M) 2903 of 2025 is allowed. 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.)