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2026 DAILYLAW 22804 (CAL)

XXX v. STATE OF WEST BENGAL AND ANR

CRM(M)/1330/2026 · 2026-06-12

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

12.06.2026 Court No.35. D/L. 61. Kausik (Rejected) CRM (M) 1330 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 New Town Police Station Case No. 231 of 2025 dated 20.11.2025 under Section 06 of the POCSO Act. And In the matter of : XXX ……Petitioner. Mr. Angshuman Chakroborty Mr. S. S. Saha Mr. Arindam Saha ……for the Petitioner. Ms. Priti Kar Bagchi ……for the State. Learned advocate appearing for the petitioner submits that the petitioner was arrested on 21st November, 2025 and since then he is in custody. Petitioner is aged 61 years and has been falsely implicated because of other reasons. Additionally, it has been submitted that charge sheet has already been submitted but till date charges have not been framed and the prosecution has relied upon 10 witnesses in support of its case. Learned advocate for the State produces the case diary and opposes the prayer for bail. I have taken into account the statement of the victim under Section 183 of the BNSS. The victim is 8 years old. 2 Having considered the nature of the offence and the supporting statements which are appearing in the case diary, at this stage, I am not inclined to release the petitioner on bail. It has been pointed out that the next date before the learned Trial Court is fixed on 25th June, 2026. The learned Trial Court would put in efforts to overcome the stage of consideration of charges on the date so fixed or within a week thereafter. The evidence of the victim be completed within a month thereafter. Petitioner would be at liberty to approach this Court after the evidence of the victim is recorded by the learned Trial court. Accordingly, CRM (M) 1330 of 2026 is dismissed at this stage. 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.)