Extracted from the PDF above. The PDF is authoritative.
12.02.2026 33 jb. jdt. Allowed IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION
C.R.M. (M) 405 of 2025
In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Matigara Police Station Case No. 166 of 2024 dated 10.03.2024 under Section 4 of the POCSO Act. And
In Re : Bhagat Kherwar
Mr. Arunava Paul
... For the Petitioner.
Mr. Saikat Chatterjee Mr. Chatu Roy … For the State Mr. Avimannu Das … For the Defacto Complainant
Heard learned counsels for the parties. The petitioner is in custody for more than 100 days and submits that though charge sheet has been submitted long back and this Court directed the learned trial Court to frame charges and conclude trial within a specific period of time, charge has not been framed as yet. He prays for bail.
Learned counsel for the State opposes the prayer.
Learned counsel for the defacto complainant submits that the present complaint is a result of a dispute between the families of the defacto complainant and the petitioner which has been amicably settled. The defacto complainant has no objection if the petitioner is released on bail.
2 In view of the fact that the petitioner is in custody for a considerable period of time, there is not much progress in trial though charge sheet has been submitted in 2024 and also, since the defacto complainant has no objection if the petitioner is released on bail, the prayer for bail is allowed.
The petitioner namely Bhagat Kherwar shall 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 must be local, to the satisfaction of the learned Special (POCSO) Judge at Siliguri subject to condition that he shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court. He shall not tamper with evidence or intimidate witnesses in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions stated hereinabove, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. CRM(M) 405 of 2025 is 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 supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)