Calcutta High CourtCRM(M)/23/2026allowed

Bapi Alias Bappi Mia Alias Miya v. State Of West Bengal And ANR

2026-03-25Hon'Ble Justice Debangsu Basak2 pages

25.03.2026 Item No.74 Court No.7 (Allowed) KB Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side C.R.M. (M) 23 of 2026 In Re:- An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sitalkuchi Police Station Case No. 406 of 2023 dated 07.12.2023, under Sections 6/17 of the POCSO Act, 2012.

-AndIn the matter of : Bapi@Bappi @ Miya ...petitioner Mr. Chandan Roy, Advocate Mr. Abdul Habib, Advocate Mr. Tapobrate Barman, Advocate ...for the petitioner Mr. Ujjwal Luksom, Advocate Mr. Sagnik Sankar Sikdar, Advocate ...for State.

1. Petitioner prays for bail on the ground of parity with coaccused who was granted bail by the order dated February 12, 2016 passed in CRM (M) 1 of 2026.

2. On perusal of the case diary, it transpires that the police filed charge sheet. Victim refused medical examination.

3. Considering the fact that, the co-accused was enlarged on bail by the co-ordinate Bench and considering the fact that the petitioner stands on the same footing as that of the co-accused who was enlarged on bail by the coordinate Bench as transpiring from the statement

recorded by the victim under Section 164 of the Criminal Procedure Code, the same facility is extended to the petitioner.

4. Consequently, prayer for bail of the petitioner is granted.

5. Accordingly, I direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional District Judge, Mathabhanga, POCSO Court, subject to condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

6. In the event petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

7. The application for prayer for bail is allowed.

8. CRM (M) 23 of 2026 is disposed of.

(Debangsu Basak, J.)