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2026 DAILYLAW 29294 (CAL)

XXXXX v. STATE OF WEST BENGAL

CRM(M)/1074/2026 · 2026-07-20

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.07.2026 Court No.35. D/L.1044. Rakib (Allowed) CRM (M) 1074 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hili Police Station case no. 218 of 2025 dated 24.10.2025 under Sections 85/64 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act and Sections 4/6 of the POCSO Act and Sections 9/10 of the Prohibition of Child Marriage Act. And In the matter of : XXXX ……Petitioner. Mr. Kaushik Choudhury Mr. Dwaipayan Panda .....for the Petitioner. Mr. Dr. Pradipp Banerjee, Ld, APP Ms. Shalini Bairagi ……for the State. Mr. Sabyasachi Hazra ......for the De-facto complainant. Learned advocate appearing for the petitioner submits that the petitioner is in custody for about eight months, charge-sheet has already been submitted and charges have already been framed. Learned advocate appearing for the State submits that there is a child out of the alleged wedlock. There was again allegedly matrimonial dispute, the de-facto complainant was thrown away from the matrimonial house and subsequently present case was initiated. Learned advocate for the de-facto complainant opposes the prayer for bail. I have taken into account the period of detention of the present petitioner and the time which will be consumed for taking 2 the trial to its logical conclusion as also the background under which the present case commence its investigation. Having considered the totality of the circumstances, I am of the opinion that further detention of the present petitioner is 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/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Judge, Special Court under POCSO Act, 2nd Court, Balurghat, Dakshin Dinajpur. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of Dakshin Dinajpur without prior permission of the learned Special Court. Thus, CRM (M) No. 1074 of 2026 is allowed. 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.)