Chandan Mahato v. The State Of West Bengal And ANR

February 12, 2026 27 ARDR Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION CRM (M) 366 of 2025 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pradhan Nagar Police Station case no. 634 of 2025 dated 18/9/2025 under Sections 64/89/308(2)/351(2)(3)/61(2) of the BNS, 2023 read with Section 6 of Protection of Children from Sexual Offences Act, 2012. And In Re :

Chandan Mahato ... Petitioner Adv. Subham Ghosh, Adv. Mayank Roy, ... for the Petitioner.

Adv. Kumar Shantanu, ...for the defacto complainant.

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

Affidavit of service filed by the petitioner is taken on record. The petitioner is in custody for about 150 days and prays for bail.

Learned counsel for the petitioner submits that there was a love affair between the petitioner and the victim which turned sour subsequently for which the petitioner has been falsely implicated. Learned counsel for the defacto complainant submits that there was no such relationship between the parties as claimed by the petitioner. The petitioner has been pressurizing the victim to withdraw the complaint and has been threatening her with dire consequences though he is in custody.

Learned counsel for the State produces the Case Diary and opposes the prayer for bail.

It appears that there was a consensual relationship between the parties which is also reflected in the report submitted by the doctor who examined the victim. The subsequent complaint against the petitioner was lodged by the victim after the present application was filed. The petitioner is in custody for about 150 days. Charge sheet has been submitted. His further detention is not required for the purpose of custodial interrogation. He may be granted bail subject to stringent conditions.

Accordingly, the prayer for bail is allowed.

The petitioner namely Chandan Mahato 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 Court), Siliguri subject to condition that he shall remain outside the jurisdiction of Pradhan Nagar Police Station and shall furnish the address where he shall presently reside before the learned trial Court, Investigating officer and the Officer in charge of the police station under who jurisdiction he shall henceforth reside. The petitioner 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) 366 of 2025 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.)