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2026 DAILYLAW 46713 (CAL)

MAMUN SK @ RASID v. STATE OF WEST BENGAL AND ANR

CRM(M)/2050/2026 · 2026-10-06

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06.10.2026 Court No.35. D/L. 6. Kausik (Allowed) CRM (M) 2050 of 2026 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 English Bazar Police Station Case No. 507 of 2025 dated 20.03.2025 under Sections 6 of POCSO Act, 2012. And In the matter of : Mamun Sk @ Rasid ……Petitioner. Mr. Sagar Saha Ms. Nayana Mukhopadhyay Mr. Subhrajyoti Das ……for the Petitioner. Mr. Subhas Chandra Saha Mr. Ansuman Bera ….for the State. Affidavit has been submitted by the Sub-Inspector of Police attached to English Bazar Police Station, Malda wherein according to the Police Officer, the medical report received, reflect that the petitioner is not in a position to stand trial. Having considered the contents in the affidavit and the anxiety expressed by the petitioner and as the trial cannot proceed presently and is to be checked regarding the mental ability of the present petitioner every 2 months, I direct the petitioner be released on bail. Accordingly, prayer for bail of the petitioner is allowed. 2 As such, petitioner, namely Mamun Sk @ Rasid be enlarged on bail subject to furnishing bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each, one of whom must be local to the satisfaction of Learned Judge, Special Court (POCSO Act), 2nd Court, Malda. If on bail, the petitioner shall be physically present on each and every date fixed before the learned Trial Court and shall not leave the jurisdiction of District of Malda without the prior permission of the learned Special Court. The learned Trial Court would direct the jurisdictional medical hospital to keep a board constituted for the present petitioner so that every 2 months there can be an assessment regarding his mental ability or capacity to face the trial. With the aforesaid observations CRM (M) 2050 of 2026 is allowed. Affidavit 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.)