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2026 DAILYLAW 30700 (CAL)

XXXXX v. STATE OF WEST BENGAL AND ANR

CRM(M)/1466/2026 · 2026-07-28

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28/07/2026 D/L – 1291 Court No.35 S. Kundu Allowed C.R.M.(M) 1466 of 2026 In Re: An application for bail under Section 483 of the BNSS, 2023. In connection with Magrahat P.S Case No. 98 of 2021 dated 12/04/2021 under Sections 341/323/506/376DA of the IPC and Section 6 of the POCSO Act. In the matter of: XXX …Petitioner. Mr. Deepak Kumar Prahaladka Ms. R. Khatun Mr. Samir Mishra …for the petitioner. Mr. L. Vishal Kumar Mr. Sanjib Das …for the State. Learned advocate appearing for the petitioner submits that the petitioner is in custody for five years three months. There were earlier directions passed in CRM (DB) 3241 of 2024 and CRM (M) 2500 of 2025. In spite of the same, there has been no progress in the case and the witnesses are still to be produced by the prosecution. Having regard to the opportunities granted to the prosecution, the plea that because of other inconveniences the prosecution could not conclude the witnesses at this stage should not cut any ice. Having regard to the period of detention which is five years three months, I am of the view that further detention is unwarranted. 2 As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.20,000/- with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of learned ACJM, Diamond Harbour, South 24 parganas. If on bail, the petitioner shall be physically present on each and every date fixed before the learned Court and shall not leave the jurisdiction of District South 24 Parganas without the prior permission of the learned Court. Accordingly, CRM (M) 1466 of 2026 is allowed. Memo of evidence filed by the State is taken on record. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)