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2026 DAILYLAW 39232 (CAL)

XXXXXX v. STATE OF WEST BENGAL AND ANR

CRM(M)/1800/2026 · 2026-09-09

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

09.09.2026 IN THE HIGH COURT AT CALCUTTA Item No.177 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 1800 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Gangajal Ghati Police Station Case No. 18 of 2026 dated 27.01.2026 under Sections 137(2)/140(3) of the Bharatiya Nyaya Sanhita, 2023 and adding Section 6 of the Protection of Children from Sexual Offences Act, 2012. And In Re : XXXXXX Vs. The State of West Bengal & Anr. Mr. Soumik Ganguli, Ms. Simika Roy ... For the Petitioner. Ms. Ayana Dey ... For the State. 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. Memo of Evidence submitted on behalf of the State be also kept with the record. Learned advocate appearing for the petitioner submits that the petitioner surrendered on or about 02.05.2026 and since then she is in custody; charge-sheet has already been submitted before the jurisdictional court and the principal accused is already in custody. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and draws the attention of the Court to the statement of the victim recorded under Section 183 of the BNSS. 2 I have taken into account the complicity of the present petitioner, her age and period of detention. Having regard to the same, I am of the opinion that further detention of the present petitioner in connection with the instant case is unwarranted. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner 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 Judge, Special Court under the POCSO Act, Bankura. If on bail, the petitioner shall be physically present on each and every date before the learned Special Court and shall not leave the jurisdiction of the district of Bankura without prior permission of the learned Special Court. The application for bail, being CRM (M) 1800 of 2026, is, thus, disposed of. 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.)