Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 51 (CAL)

KABERI DAS v. STATE OF WEST BENGAL AND ANR

CRM(M)/2108/2025 · 2026-03-06

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06.03.2026 Court No.35. D/L. 36. Kausik (Rejected) CRM (M) 2108 of 2025 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. And In the matter of : Kaberi Das ……Petitioner. Mr. Moyukh Mukherjee Mr. Aditya Tiwari Mr. Moyukh Majumder ….for the Petitioner. Mr. Bibaswan Bhattacharya Mr. Poonnug Roy ….for the Victim Girl (through CHCLSA). Mr. Rudradipta Nandy, Ld. APP Mr. Samarjit Balial ….for the State. Supplementary affidavit filed by the petitioner be kept with the record. Petitioner claims to be a headmistress of a school who is in custody for 2 years and 5 months. Learned advocate for the petitioner submits that because of stay of the proceedings granted in the Revisional Court there is no possibility of the trial progressing, as such the petitioner may be released on bail. 2 There are number of victims which has been pointed out by the State. The present is the case where one of the victims set the law into motion. Having considered the nature of the accusations which includes the provisions not only of the IPC but also of the POCSO Act and Rights of Persons with Disabilities Act as well as Juvenile Justice (Care and Protection of Children) Act, 2015, I am of the view that, without the evidence of the victim being completed it would not be fit and proper to release the petitioner on bail as the petitioner was at the helm of affairs of the school and on the other hand there is probability of certain vulnerable witnesses associated with the case concerned. Accordingly, at this stage, CRM(M) 2108 of 2025 is dismissed. 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.)