Extracted from the PDF above. The PDF is authoritative.
08.07.2026
IN THE HIGH COURT AT CALCUTTA Item No.4
CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 925 of 2026
In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Jangipara Police Station Case No. 447 of 2025 dated 04.12.2025 under Sections 115(2)/3(5)/351(3)/352/64(2)(m)/76 of the Bharatiya Nyaya Sanhita, 2023 and added Section 6 of the Protection of Children from Sexual Offences Act, 2012. And
In Re : Sk. Jiyaul Haque
... Petitioner. Mr. Ayan Basu, Mr. Sandip Kumar Mondal, Mr. Sumit Routh, Ms. Ritika Yadav
... For the Petitioner. Mr. Gurudas Mitra, Mr. Utsav Dutta
... For the State. Report submitted by the learned advocate appearing for the State along with the acknowledgement of the private opposite party no.2/de facto complainant be kept with the record. Memo of Evidence submitted on behalf of the State be also kept with the record. Learned advocate appearing for the petitioner submits that the petitioner is in custody for more than seven months; charge-sheet has already been submitted not only under relevant sections of BNS, but also under Sections 6/17 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9/10 of the Prohibition of Child Marriage Act. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and draws the attention of
2 the Court to the statement of the victim recorded under Section 183 of the BNSS as also the evidence of the doctor. I have taken into account the materials appearing in the case diary including the spirit of the statement of the victim recorded under Section 183 of the BNSS. Having considered the same, I am of the view that further detention of the present petitioner in connection with the instant case is unwarranted. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Sk. Jiyaul Haque shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the POCSO Act, 1st Court, Serampore, Hooghly. If on bail, the petitioner shall be physically present on each and every date before the learned Special Court and shall not leave the jurisdiction of the district of Hooghly without prior permission of the learned Special Court.
The application for bail, being CRM (M) 925 of 2026, is, thus, disposed of. All concerned parties shall act on the server copy of this order duly 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.)