Jahid Hasan v. State Of West Bengal And ANR

February 17, 2026 101 ARDR Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION CRM (M) 31 of 2026 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kharibari Police Station case no. 231 of 2025 dated 22/8/2025 under Section 137(2) of BNS, 2023 and Section 6 of Protection of Children from Sexual Offences Act, 2012.

And In Re :

Jahid Hasan ... Petitioner Adv. Arunava Paul, ...for the petitioner.

Adv. Sagnik Sankar Sikdar, ...for the State.

Affidavit of service filed by the petitioner is taken on record. None appears for the victim despite service.

Learned counsel for the petitioner submits that the petitioner is in custody for about five months. He is not named in the FIR. He has been falsely implicated. He prays for bail. Learned counsel for the State opposes the prayer. I have considered the material on record.

It appears that the victim girl is a minor and was in touch with the petitioner through her facebook account wherein the petitioner stated his name as Ashique Khan. The victim has been recovered. Charge sheet has been submitted. The victim has refused medical examination.

Upon consideration of the material on record, this Court is of the view that further detention of the petitioner is not required and he may released on bail subject to stringent conditions. Accordingly, the prayer for bail is allowed.

The petitioner namely Jahid Hasan be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom should be local, to the satisfaction of the learned Special Judge, (POCSO) Siliguri subject to condition that he shall not enter the jurisdiction of Kharibari Police Station and shall appear before the learned trial Court on every date of hearing. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions as stated above without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

CRM (M) 31 of 2026 is thus disposed of.

Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be given to the parties, upon compliance with all requisite formalities. (Suvra Ghosh, J.)