Calcutta High CourtCRM(M)/80/2026allowed

Nitesh Oraon v. The State Of West Bengal And ANR

2026-03-24Hon'Ble Justice Debangsu Basak3 pages

24.03.2026 Item No.7 Court No.7 CHC (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side CRM(M) 80 of 2026 In Re:- An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023; in connection with Mal Police Station Case No.25 of 2024 dated 11.01.2024, under Section 6 of the Protection of Children from Sexual Offences Act, 2012. And In the matter of : Nitesh Oraon ...... petitioner Mr. Anirban Banerjee, Advocate Mr. Swarup Mondal, Advocate ...for the petitioner Mr. Aditi Shankar Chakraborty, Ld. A.P.P.

Mr. Sagnik Shankar Sikdar, Advocate ...for the State

1. Affidavit-of-service filed in Court be taken on record.

2. Prayer for bail is founded on the ground of parity with the co-accused who was enlarged on bail on December 18, 2025 passed in C.R.M.(M) 334 of 2025.

3. State is represented.

4. Petitioner is in custody in excess of 713 days. Parity with the other two coaccused who were granted bail on December 18, 2025 and March 19, 2026 cannot be disputed.

5. In such circumstances, prayer for bail of the petitioner is granted.

6. 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, Special Court (under POCSO Act), Additional Sessions Judge, Mal, Jalpaiguri, subject to condition that the petitioner will, however, not enter into the jurisdiction of the local police station excepting for the purpose of reporting to the police station and for the purpose of appearing before the Court. The petitioner shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

7. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court.

8. The application for prayer for bail is allowed.

9. CRM(M) 80 of 2026 is disposed of.

(Debangsu Basak, J.)