11.06.2026 Court No.35. D/L. 16. Kausik (Allowed) CRM (M) 972 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Madhyamgram Police Station Case No. 427 of 2024 under Section 363 of Indian Penal Code and Section 6 of POCSO Act. And In the matter of : Bikash Ghosal ……Petitioner. Mr. Dev Kumar Sharma Mr. Satya Prakash Shaw ……for the Petitioner. Mr. Rajendra Banerjee Mr. Anamitra Banerjee ……for the State. Learned advocate for the petitioner submits that the petitioner was arrested on June, 2024 and since then he is in custody. Almost 1 year and 11 months have passed. Charges were framed in May, 2025. Till date no witness has been examined. Prosecution has relied upon 12 witnesses in order to prove its case. Learned advocate for the State has submitted a report. Earlier, petitioner approached this Court when this Court on 08.12.2025 directed that the examination of the victim be completed within a period of 60 days. Learned advocate for the State has submitted a report enclosing the order sheets. However, in spite of dates having 2 been fixed by the learned Special Court, the victim could not appear and there were personal reasons of the victim for not appearing before the Court. Having considered that the petitioner is in custody for more than 1 year and 11 months and on a consideration of the case diary which has been placed before this Court, without entering into the merits of the case, I direct the petitioner to be released on bail as some time will be required to take the trial to its logical conclusion and till date no witnesses has been examined. Accordingly, prayer for bail of the petitioner is allowed. Accordingly, Petitioner, namely, Bikash Ghosal shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each, one of whom must be local to the satisfaction of Learned Special Court under POCSO Act, Barasat. If on bail, the petitioner shall be physically present on each and every date fixed before the learned Trial Court and shall not enter the jurisdiction of Madhyamgram Police Station without the leave of the Inspector-in-Charge/Officer-in-Charge of the said police station. The petitioner shall, till the evidence of the vulnerable witnesses are over, meet with the Officer-in-Charge/Inspector- in-Charge of Dum Dum Police Station once in a month and submit an acknowledgement obtained from the said police station to the learned Trial Court. The learned Trial Court, if it 3 finds, in course of the proceedings, that there has been violation of the conditions, will be at liberty to cancel the bail without further reference to this Court. Accordingly, CRM (M) 972 of 2026 is allowed. Report submitted by the State be kept with the record. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)