Calcutta High CourtCRM(M)/41/2026allowed

Petitioner v. State Of West Bengal And ANR

2026-03-25Hon'Ble Justice Tirthankar Ghosh2 pages

25.03.2026 Court No.35.

D/L. 20.

Kausik (Allowed) CRM (M) 41 of 2026 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 Kolaghat Police Station Case No. 306 of 2025 dated 13.07.2025 under Section 363/365/376(3)/323 of the Indian Penal Code and Section 6(1) of the POCSO Act and Section 9/10 of the Prohibition of Child Marriage Act.

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

Mr. Sabir Ahmed Mr. Bhaskar Hutait Mr. Quazi Ezaz Ahmed ......for the Petitioner.

Mr. Debabrata Chatterjee Ms. Pritha Paul ......for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody since 29th August, 2025. The investigation has already been concluded and charge sheet was submitted on or about 24th September, 2025. The allegations are under the relevant provisions of the Indian Penal Code, POCSO Act and Prohibition of Child Marriage Act. The admitted fact, as is reflected from the statement of the victim under Section 183 of the BNSS is that, there is a girl child of 11 months.

Having considered the peculiar facts of the case, period of detention of the present petitioner and the fact that even

after charge sheet having been filed almost 6 months ago, there has been no progress of the case, I am inclined to release the petitioner on bail.

Accordingly, prayer for bail of the petitioner is allowed. Accordingly, 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 Special Court under POCSO Act, Tamluk, Purba Medinipur.

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 Purba Medinipur without the prior permission of the Learned Special Court. Accordingly, CRM (M) 41 of 2026 is allowed.

Report submitted by the State in respect of service effected upon the defacto complainant be kept with the record. 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.)