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2026 DAILYLAW 38873 (CAL)

XXXXX v. STATE OF WEST BENGAL AND ANR

CRM(M)/1785/2026 · 2026-09-08

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08.09.2026 Serial no. 11 [G.S.Das] Assistant Registrar (Court) CRM (M) 1785 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 C/Spl Case No. 120 of 2025 arising out of Rejinagar PS Case No. 217 of 2025 dated 24.07.2025 u/s 69/115(2) of the BNS and Section 4/6 of the POCSO Act. -And- In the matter of : XXX … Petitioner(s) Mr. Arnab Chatterjee Mr. Anisur Rahaman … for the Petitioner(s) Mr. Rajdeep Biswas Mr. Haripada Neyek … for the State-respondent(s) Ms. Sagnika Banerjee … for the Victim Supplementary affidavit filed by the petitioner be kept with the record. Learned advocate for the petitioner submits that the petitioner is in custody since 24th July, 2025 i.e., for about one year one month; charge-sheet has already been submitted and charges have been framed. Learned advocate also submits that the evidence of the victim has also been recorded. Learned advocate for the defacto-complainant raises no objection to the bail application. Learned advocate for the State opposes the prayer for bail. 2 I have taken into account the materials in the case diary as well as the deposition of the victim before the learned Special Court. Having considered the deposition of the victim, I am of the opinion that further detention of the present petitioner is unwarranted. 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 Special Court under POCSO Act, Berhampore, Murshidabad. 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 Murshidabad without prior permission of the learned Special Court. Accordingly, CRM (M) 1785 of 2026 is allowed. Pending application(s), if any, is also disposed of. 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. 3 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.)