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2026 DAILYLAW 9002 (CAL)

XXXXXXX v. THE STATE OF WEST BENGAL AND ANR

CRM(M)/2049/2025 · 2026-02-03

Tirthankar Ghosh

body2026

Judgment text

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03.02.2026 Court No.35. M/L. 114. Kausik (Rejected) CRM (M) 2049 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 in connection with Nagerbazar Police Station Case No. 136 of 2025 dated 04.07.2025 under Sections 8/10 of the POCSO Act. And In the matter of : XXXX ……Petitioner. Mr. Debapriya Majumder ……for the Petitioner. Mr. Prashant Agarwal Mr. Dhiman Banerjee ….for the OP No. 2, Defacto Complainant. Mr. P.K. Datta, Ld. APP Mr. Santanu Deb Roy ……for the State. Learned advocate appearing for the petitioner submits that petitioner is in custody for 7 months and already charges have been framed, as such the petitioner may be released on bail. Learned advocate for the defacto-complainant and the State opposes the prayer for bail. Attention of the Court is drawn to the statement under Section 183 of the BNSS. Having considered the same, I am of the view that petitioner be granted liberty to approach this Court after the evidence of the victim is over. 2 Learned Trial Court would adhere to the provisions of Section 35 of the POCSO Act and take steps so that at the earliest the evidence of the victim is over. At this stage, CRM(M) 2049 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.)