28.07.2026 Serial no. 42 BP ( allowed) IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM (M) No. 146 of 2026 In re: An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with POCSO Case No. 70 of 2023 arising out of Ghoksadanga Police Station Case No. 484 of 2023 dated 30.09.2023 under Section 6 of the Protection of Children From Sexual Offences Act, 2012. -And- In the matter of : Sushanta Mandal … … Petitioner Mr. Hillol Saha Podder Ms. Mousumi Das … … For the Petitioner Ms. Panchali Deb Sikder (Nag), Ld. Sr. Govt. Adv. Ms. Smita Mitra Sinha Ms. Baishali Chakrabarty … …For the State 1. Affidavit of service filed in Court be taken on record. 2. The bail prayer of the petitioner is taken up for consideration. 3. It is submitted by the learned advocate for the petitioner that the petitioner has been in custody for two years six months. Trial is ongoing. 7 out of 10 chargesheeted 2 witnesses have already been examined. All the materials witnesses have been examined. He also submits that the victim child was produced before the learned Magistrate but the said child could not answer to the queries of learned Magistrate even with the assistance of his mother. For such reason, the learned Magistrate had to return the child without recording his statement. He submits that considering the long incarceration and also taking note of account that the material witnesses have already been examined by the prosecution at the trial. The petitioner may be enlarged on bail. 4. On the other hand, learned advocate for the State refers to various materials in the case diary including the medical report of the victim. He submits that the petitioner is accused of heinous crime. The next date in the trial court is fixed on September 15, 2026 for examination of the medical officer. He opposes the prayer for bail. 5. It transpires that the petitioner is alleged to have sexually assaulted the victim who was then aged about four years. The materials on record also goes to show that trial has advanced substantially. The petitioner has been in custody for two years and six months. Out of 10 witnesses, 7 chargesheeted witnesses have already been examined. From the materials on record, it also transpires that the 3 earlier bail application of the petitioner was rejected on April 23, 2025. At that time, it was noted by a Coordinate Bench of this Court that six witnesses had already been examined. Since April 23, 2025 till today only one witness was examined on behalf of the prosecution. 6. Taking into consideration the aforesaid facts and circumstances of the case and also the period of detention already undergone by the petitioner and as also taking into account that vital witnesses have already been examined at the trial, let the petitioner be enlarged on bail. 7. Accordingly, I direct that the petitioner shall be released on bail upon furnishing a 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 Additional Session Judge cum Special Court (under POCSO Act, 2012), Mathabhanga subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever. 8. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court. 4 9. The prayer for bail of the petitioner is allowed. 10. CRM(M) 146 of 2026 is disposed of. (Md. Shabbar Rashidi, J.)