AKSHAY MONIA @ AKSHAY NAINA v. STATE OF WEST BENGAL AND ANR
CRM(M)/1425/2026 · 2026-08-27
Tirthankar Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 36061 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 36061 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
27.08.2026
IN THE HIGH COURT AT CALCUTTA Item No.249
CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 1425 of 2026
In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Berhampore Police Station Case No. 1680 of 2025 dated 27.07.2025 under Sections 143(4)/144(1)/ 61(2)/70(1) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 3/4/5/6 of the Immoral Traffic Prevention Act, 1956 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. And
In Re : Akshay Nonia @ Akshay Nania
... Petitioner. Mr. Soumen Bhattacharjee, Mr. Ankan Das, Ms. Shradhya Ghosh
... For the Petitioner. Dr. Pradip Banerjee, APP, Ms. Anushka Ghosh
... For the State. Learned advocate appearing for the petitioner submits that petitioner has been implicated only because of the reason that he happens to be the husband of one of the principal accused. Petitioner is in custody for 1 year 1 month and none of the victim has narrated the name of the petitioner. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and produces the case diary. I have taken into account the statement of the victim as well as other materials. From the statement of the victim, it reflects that the wife of the accused was involved in the trade, but so far as the present petitioner is concerned, his
2 name has not surfaced in the accusations made by the victim or any other persons. There are materials to suggest obviously that certain activities were carried out at the tenanted premises, but so far as complicity of the present petitioner is concerned, there are no accusations. Further, no materials are reflecting from the case diary as to whether the tenanted premises at all belonged to the present petitioner. Having considered the fact and without entering into the merits further, I am inclined to release the petitioner on bail considering his period of detention. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Akshay Nonia @ Akshay Nania shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Murshidabad at Berhampore.
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 the district of Murshidabad without prior permission of the learned Trial Court. Report submitted by the learned advocate appearing for the State along with the acknowledgement of the private opposite party no.2/de facto complainant be kept with the record. The application for bail, being CRM (M) 1425 of 2026, is, thus, disposed of. 3 All concerned 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 with all requisite formalities. (Tirthankar Ghosh, J.)