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2026 DAILYLAW 42289 (CAL)

MABUD SK v. STATE OF WEST BENGAL AND ANR

CRM(M)/1631/2026 · 2026-09-22

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

September 22, 2026 554 ARDR (Allowed) CRM (M) 1631 of 2026 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kaliachak Police Station Case No. 732 of 2024 dated 25/5/2024 under Sections 363/365/376D/376DA/376(3)/34 of the Indian Penal Code and Section 6 of Pocso Act. And In Re : Mabud Sk ... Petitioner. Adv. Sanjoy Bardha, Adv. Musharraf Alam Sk, Adv. Sk. Sarfuraj Nawaj, ... for the petitioner. Adv. Md. Aslam Khan, …for the de facto complainant. Adv. L. Vishal Kumar, Adv. Sanjib Das, ... for the State. Memo of evidence submitted by the State is take on record. The petitioner is in custody for more than two years and prays for bail. Learned counsel for the petitioner submits that the victim girls have been examined. P.W. 2 who is one of the victim girls has turned hostile. The petitioner is innocent. His further detention is not required. He may be granted bail. Learned counsel for the State produces the Case Diary and opposes the prayer for bail. I have considered the material on record. The victim girls have been examined. P.W. 2 who is one of the victim girls has turned hostile. The medical documents of the victim girls do not corroborate the version of the prosecution. Vulnerable witnesses have been examined. 2 Considering the material on record and period of detention of the petitioner, this Court is inclined to hold that further detention of the petitioner is not required. He may be granted bail. Accordingly, prayer for bail is allowed. The petitioner namely Mabud Sk be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Malda subject to the condition that he shall appear before the learned trial Court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to appear before the learned trial Court on any date without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail is disposed of. Case Diary be returned. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)