Extracted from the PDF above. The PDF is authoritative.
09.07.2026
IN THE HIGH COURT AT CALCUTTA Item No.234
CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed
C.R.M. (M) 1164 of 2026
In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Berhampore Police Station Case No. 1576 of 2025 dated 15.07.2025 under Sections 329(4)/65(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012. And
In Re : XXXX Vs. The State of West Bengal & Anr. Ms. Minoti Gomes, Mr. Jisan Iqubal Hossain
... For the Petitioner. Mr. Amarta Ghose
... For the State. Learned advocate appearing for the petitioner submits that the petitioner is in custody for about a year and the prosecution after framing of charge has examined three witnesses. It has been submitted that some time will be required to take the trial to its logical conclusion. As such, petitioner may be released on bail. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail. I have perused the case diary along with the evidence of the victim which has been enclosed along with the bail application. On an assessment of the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, the medico-legal examination report as well as the deposition of the victim and her mother before the court, I am of the view that further detention of the present petitioner in connection with the instant case is
2 unwarranted. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner 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, Berhampore, Murshidabad. 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 Murshidabad without prior permission of the learned Special Court. The petitioner shall also for a period of six months will not enter the jurisdiction of Berhampore Police Station except for the purposes of attending the Court. It would be the discretion of the learned Trial Court either to extend or waive such condition after the expiry of the time period referred to above.
Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (M) 1164 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.)