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2026 DAILYLAW 43193 (CAL)

MASUD SK @ MASIDUL SK v. STATE OF WEST BENGAL AND ANR

CRM(M)/2227/2026 · 2026-09-23

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

23.09.2026 IN THE HIGH COURT AT CALCUTTA Item No.7 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. C.R.M. (M) 2227 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Suti Police Station Case No. 310 of 2026 dated 29.03.2026 under Section 6 of the Protection of Children from Sexual Offences Act (Amended), 2012. And In Re : Masud Sk. @ Masidul Sk. ... Petitioner. Mr. Sandip Chakraborty, Mr. Ankan Das, Mr. Kaustav Das, Ms. Payel Das ... For the Petitioner. Mr. Sagar Saha, Ms. Nayana Mukhopadhyay ... For the State. Mr. Sayan Mukherjee, Ms. Rimisha Bhadra … for the de facto complainant. Learned advocate appearing for the petitioner submits that the petitioner is in custody since 29.03.2026 and petitioner has been falsely implicated in the present case. Subsequently, there is change of circumstances as the victim was unable to understand the consequences of her statement before the learned Judicial Magistrate. Learned advocate appearing for the de facto complainant submits that he has instructions not to oppose the prayer for bail. Learned advocate appearing for the State opposes the prayer for bail and produces the case diary. 2 I have taken into account the statement of the victim recorded under Section 183 of the BNSS. However, since there is a change of stand of the victim and her guardian, they would file specific affidavit on the issue before the learned Special Court. Learned Special Court would under the changed circumstances, leniently consider the prayer for bail of the present petitioner. With the aforesaid observations, the application for bail, being CRM (M) 2227 of 2026, is disposed of. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. 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.)