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2026 DAILYLAW 48281 (CAL)

SAMIR DAS v. STATE OF WEST BENGAL AND ANR

CRM(M)/2308/2026 · 2026-10-08

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08.10.2026 Court No.35. M/L. 93 Kausik (Allowed) CRM (M) 2308 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 Liluah Police Station Case No. 172 of 2026 dated 11.04.2026 under Sections 137(2)/140(3) of the BNS, 2023 and Section 6 of the POCSO and Section 9/10 of Prohibition of Child Marriage Act. And In the matter of : Samir Das ……Petitioner. Mr. Rabi Sankar Chattopadhyay ……for the Petitioner. Ms. Arushi Rathore Mr. Saswata Chatterjee ….for the State. Learned advocate appearing for the petitioner submits petitioner is in custody for 3 months. Charge sheet has already been submitted. As such, petitioner may be released on bail. State opposes the prayer for bail. Case diary has been produced, attention of the Court has been drawn to the statement of the victim. I have taken into account the statement of the victim. Having considered the overall circumstances including the spirit of the statement of the victim, I am of the opinion 2 further custodial detention of the present petitioner is unwarranted. As such prayer for bail of the petitioner is allowed. As such, petitioner, namely Samir Das 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), 10th Court, Howrah. 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 Howrah without the prior permission of the learned Special Court. Accordingly, CRM (M) 2308 of 2026 is allowed. Report submitted by the State and Memo of Evidence 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.)