Calcutta High CourtCRM(M)/56/2026allowed

Ali Hossain v. State Of West Bengal And ANR

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

25.03.2026 Item No.83 Court No.7 (Allowed) KB Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side C.R.M. (M) 56 of 2026 In Re:- An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali Police Station Case No. 279 of 2025 dated 18.03.2025, under Sections 6 of the POCSO Act, 2012.

-AndIn the matter of : Ali Hossain ...petitioner Mr. Rahul Ghatak, Advocate ...for the petitioner Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Sagnik Sankar Sikdar, Advocate ...for State.

1. Petitioner prays for bail.

2. Statement of the victim recorded under Section 164 of the Criminal Procedure Code demonstrates that the victim is about 17 years of age. She submits that she was abducted, married following the Muslim rituals and that, they lived as husband and wife for a considerable period of time.

3. Possibilities of the victim, coming in contact with the members of the public over the period of alleged confinement cannot be ruled out. She did not seek help till the time she claimed.

4. Considering the materials in the case diary, the period of custody of the petitioner and the fact that the police filed charge sheet, I grant bail to the petitioner.

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 Judge POCSO Court -cumAdditional Sessions Judge, 2nd Court, Cooch Behar 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) 56 of 2026 is disposed of.

(Debangsu Basak, J.)