15.07.2026 IN THE HIGH COURT AT CALCUTTA Item No.445 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 1204 of 2026 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Jagatballavpur Police Station Case No. 141 of 2024 dated 07.07.2024 under Sections 376(3)/376(2)(n) of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012. And In Re : Sisir Pal ... Petitioner. Md. Wasim Akram ... For the Petitioner. Ms. Shalini Bairagi ... For the State. Mr. Swakshar Kumar Mondal, Ms. Reshmi Khatun ... For the de facto complainant. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 2 years 7 days; charge- sheet has been submitted, charges have been framed and the evidence in the case reflects that the child who was born was fathered by the present accused. The victim girl at the relevant point of time was 13 years old and accused was 27 years old. Learned advocate appearing for the de facto complainant do not oppose the prayer for bail. Learned advocate appearing for the State opposes the prayer for bail. State has submitted Memo of Evidence which do not reflect that there is any objection in respect of the bail. The evidence of the victim also do not reflect that 2 the statement recorded under Section 164 of the Code of Criminal Procedure/Section 183 of the BNSS was placed before her and marked in evidence. Having considered the manner in which the trial is progressing including the merits, the fate has been visualized by each of the respective parties, the complainant, the accused and the State. The courts have been reduced to mere place of mockery of justice. Since the State is not in a position to give a verdict and justice according to the relevant provisions of the POCSO Act, the petitioner is released on bail. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Sisir Pal 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, Howrah. 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 Howrah without prior permission of the learned Special Court. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. A copy of this order be sent to the Legal Remembrancer, West Bengal to assess the Public Prosecutors who are specially appointed under the POCSO Act and the manner of evidence which they are adducing in the Trial Courts thereby making the courts handicap for 3 further proceeding for taking a decision according to the purpose and object of the POCSO Act. A report be submitted by the Legal Remembrancer regarding the steps taken before this Court on 28.08.2026. Matter be listed again under the heading “To Be Mentioned” on 28.08.2026 for further orders. 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.)