30.07.2026 Serial no. 276 [G.S.D] CRM (M) 1593 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Patiram PS Case No. 235 of 2025 dated 31.08.2025 u/s 115(2)/64(1)/103(1)/85/3(5) of the BNS and Section 6 of the POCSO Act and sections 10/11 of the Prohibition of Child Marriage Act [Special (POCSO) Case No. 91 of 2025]. -And- In the matter of : XXX … Petitioner(s) Mr. Anjan Bhattacharya Ms. Anita Shaw Ms. Seems Thakur … for the Petitioner(s) Mr. Koustav Lal Mukherjee … for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is the husband who is in custody for 11 months, charge-sheet has been submitted under various Acts and Clauses amongst which Section 108 of the BNS seems to be an offence for which prescribed punishment is highest. So far as, Section 6 of the POCSO Act is concerned, the same would be considered by the learned trial court in as much as its applicability in the background of the facts of the present case. Learned advocate for the State opposes the prayer for bail. I have taken into account the post mortem report as well as the dying declaration of the deceased. 2 Having considered the overall circumstances including the period of detention, I am of the opinion that further detention of the present petitioner is unwarranted in the facts and circumstances of the present case. Hence, the prayer for bail of the petitioner is Allowed. Accordingly, the petitioner viz, XXX 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, Balurghat, Dakshin Dinajpur. If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Special court/trial court and shall not leave the district of Dakshin Dinajpur without prior permission of the learned Special court/trial court. Accordingly, CRM (M) 1593 of 2026 is allowed. Memo of Evidence submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Tirthankar Ghosh, J.) 3