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2026 DAILYLAW 33226 (CAL)

SWARUP MAITY v. STATE OF WEST BENGAL AND ANR

CRM(M)/1250/2026 · 2026-08-24

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L44 24.08.2026 Bpg. Allowed C.R.M. (M) 1250 of 2026 In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Panskura Police Station Case No.870 of 2025 dated 25.09.2025 under Sections 126(2)/3(5) of the Bharatiya Nyaya Sanhita read with Sections 6(1)/8 of the Protection of Children from Sexual Offences Act and charge-sheet submitted under Section 126(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita read with Section 8 of the Protection of Children from Sexual Offences Act; Swarup Maity Versus The State of West Bengal & Anr. Mr. Malay Bhattacharyya Mr. Subhrajyoti Ghosh Ms. Arifa Sultana. ...for the petitioner. Mr. Gouranga Kumar Das Mr. Amal Kumar Datta. …for the State. Mr. Ranjan Kali. …for the de facto complainant. Mr. Gouranga Kumar Das, learned Additional Public Prosecutor along with the Mr. Amal Kumar Datta, learned advocate, appears on behalf of the State. Their appearance may be regularized by the concerned authorities. Learned advocate appearing for the petitioner submits that the petitioner was arrested on 06.10.2025 and since then he is in custody. Earlier, there was a direction by this Court in CRM(M) 2671 of 2025 to split up the trial of the case but till date the 2 proceedings have not been split up. There is no possibility of the evidence commencing very soon and the prescribed punishment is for term imprisonment. Learned advocate for the de facto complainant opposes the prayer for bail as another accused has been absconding. Learned advocate for the State has produced the case diary. I have taken into account the statement of the victim under Section 183 of the BNSS. Having considered the period of detention of the present petitioner as also his complicity, on stringent conditions I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Swarup Maity shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned CJM, Tamluk, Purba Medinipur. If on bail, the petitioner shall be physically present on each and every date before the learned trial court and shall not leave the district of Purba Medinipur without prior permission of the learned trial court. Additionally, the petitioner shall, till the evidence of the victim is over, stay outside the jurisdiction of Panskura Police Station and will enter the said jurisdiction only for the purposes of meeting the Officer-in- Charge/Investigating Officer at Panskura Police Station once a week till the evidence of the victim is over. Any violations of the 3 conditions of bail will entitle the learned special court to cancel the bail without further reference to this Court. Thus, CRM(M)1250 of 2026 is allowed. Memo of Evidence submitted by the State be kept with the record. All 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 of all requisite formalities. (Tirthankar Ghosh, J.)