Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 3969 (CAL)

SWAPAN GHORUI @ BHOLA v. STATE OF WEST BENGAL AND ANR

CRM(M)/2465/2025 · 2026-02-17

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.02.2026 Court No.35. M/L. 219. Kausik CRM (M) 2465 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Kakdwip Police Station Case No. 128/2024 dated 28.05.2024 under Section 341/323/376/504/506/509/511/34 of the Indian Penal Code and Section 8 of the POCSO Act, 2012. And In the matter of : Swapan Ghorui @ Bhola ……Petitioner. Mr. Mujibar Ali Naskar Mr. Sandip Kr. Mondal Ms. Ritika Yadav ……for the Petitioner. Ms. Nandini Chatterjee ….for the Defacto Complainant. Mr. Anupam Das Adhikary Ms. Suruchi Saha ……for the State. Learned advocate appearing for the petitioner submits that petitioner is in custody for 337 days and has been vindicated because of family rivalry. Learned advocate for the defacto complainant submits that earlier the anticipatory bail prayer of the petitioner was rejected. Petitioner was arrested on the basis of warrant of arrest and had been evading the process of law for a considerable period of time. 2 Learned advocate for the State has produced the case diary, drawn the attention of the Court to the statement under Section 164 Cr.P.C. as well as the injury report/medico legal examination report. Having considered the materials available, I direct the learned Trial Court to overcome the stage of consideration of charges and thereafter on stringent conditions release the petitioner on bail. I have taken into account the statement of the victim under Section 164 Cr.P.C. and the statement before the Doctor at the time of the medical examination of the victim. On an assessment of the same, I am of the view that the petitioner be released on bail after the stage of consideration of charges are over. Accordingly, CRM(M) 2465 of 2025 is disposed of. Report submitted by the State be kept with the record. All parties shall act in terms of server copy of the order 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.)