Kamal Adhikary@Kamal Adhikari v. The State Of West Bengal And ANR

High Court at Calcutta In the Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction 25.03.2026 Ct. No. 07 A.s C.R.M.(M) 83 of 2026 In Re:- An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Matigara Police Station Case No.32 of 2026 dated 16.01.2026, under Sections 6 of the POCSO Act,2012.

And In the matter of : Kamal Adhikary @ Kamal Adhikari ...... petitioner Dr. Arjun Chowdhury, Adv.

Mr. Mantu Mandal, Adv.

Mr. Bappadittya Roy, Adv.

...for the petitioner Mr. Kallol Acharjee, Advocate Mr. Tapan Bhatacharjee, Advocate ...for the State Ms. Sunayana Parveen, Adv.

...for the O.P. 2.

1. Petitioner, State and the de facto complainant are represented.

2. Learned advocate for the de facto complainant does not oppose the prayer for bail.

3. Apparently the petitioner and the victim are married. There is a child born out of the wedlock.

4. Police filed charge-sheet.

5. Considering the fact that the police filed charge-sheet and considering the fact that the child, born out of relationship between the petitioner and the de facto complainant, would require the parents, it would be appropriate to grant bail to the petitioner.

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

7. 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), Siliguri, 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.

8. 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.

9. The prayer for bail is allowed.

10. CRM(M) 83 of 2026 is disposed of.

(Debangsu Basak, J.)