Extracted from the PDF above. The PDF is authoritative.
22.09.2026 Sl. No.13. D/L. Mithun.
Ct.No.29. CRR/3773/2026
Prasun Kumar Bera Vs. The State of West Bengal & Anr.
Mr. Arindam Jana, Mr. Rahul Surtani, Ms. Sonali Ghosh, Mr. Saikat Guin …for the petitioner
Supplementary affidavit filed on behalf of the petitioner is taken on record. In this application, the petitioner has assailed the order dated 10.08.2026 passed by learned Additional District & Sessions Judge, 2nd Court, Paschim Medinipur in connection with POCSO Case No.66 of 2026. By the impugned order, learned Court below has rejected the petitioner’s prayer for waiving the condition imposed in the bail
order. It appears from the record that by an order dated 29.06.2026, the petitioner was granted bail on condition that “if he is on bail, he shall not enter within the jurisdiction of Sabang P.S. till recording of evidence of the victim and other independent witnesses”. It is submitted that the petitioner is a school teacher of a school which situates within Sabang Police Station and the School Authority by a letter dated 26.08.2026 has granted him permission to rejoin and to resume his duties. Therefore, there is currently no
2 impediment upon the petitioner, Prasun Kumar Bera to join school duty. However, due to imposition of said condition in the bail
order, the petitioner is prevented from entering into the school area which situates within Sabang Police Station. Therefore he preferred an application before the Court below for waiving the said portion of the condition attached with the bail order. However, learned Court below by the order dated 10.08.2026 has been pleased to reject the said prayer only on the ground that evidence of victim and other independent witnesses have not yet been recorded. Being aggrieved by the aforesaid order, learned Counsel for the petitioner submits that the State has not submitted any adverse report which may justify the rejection of the prayer made by the petitioner for relaxation of the condition. Furthermore, the petitioner is the only teacher in that school who teaches Physical Education, which being a subject in the Higher Secondary Section in the concerned High School and therefore his joining in the said school is of utmost importance, considering the ensuing Higher Secondary examination to be held in 2027. He further submits that the Headmaster of the concerned school has categorically mentioned that the joining of the petitioner as a teacher will not cause any difficulty or inconvenience to the functioning and administration of the school. He further submits that the petitioner has no previous criminal antecedent and, therefore, the above-mentioned onerous condition is required to be waived.
3 Having heard learned Counsel for the petitioner and that the
order which is going to be passed by this Court will not cause any prejudice to the opposite parties, the service of copy of application upon the opposite party is dispensed with. Having considered the submissions made by learned Counsel for the petitioner and that the impugned order dated 10.08.2026 by which the petitioner’s prayer for relaxation of the bail condition has been rejected is a cryptic one and not supported by reason nor there is any disclosure that the petitioner has any criminal antecedent or has done anything prejudicial to the interest of the prosecution case, the instant application being CRR 3773 of 2026 is hereby disposed of by modifying the bail order dated 29.06.2026 that the petitioner who is on bail shall enter the jurisdiction of Sabang Police Station only for the purpose of attending school, namely, Kerur High School (H.S.) located at Kerur Sabang, Paschim Medinipur and he is permitted to remain in that school only from 10 a.m. to 5 p.m. on all working days from Monday to Saturday till further order to be passed by the concerned Court. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.
( Dr. Ajoy Kumar Mukherjee, J. )