Calcutta High Court

CRM(M)/2599/2026 of XXXXXX Vs STATE OF WEST BENGAL AND ANR on 14 October 2026

Court No.35. D/L.95. Rakib (Allowed) CRM (M) 2599 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali Police Station case no. 387 of 2026 dated 13.04.2026

14.10.2026 Court No.35. D/L.95. Rakib (Allowed)

CRM (M) 2599 of 2026

In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali Police Station case no. 387 of 2026 dated 13.04.2026 under Sections 137(2)/140(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the POCSO Act, 2012.

And In the matter of : XXXXXX

……Petitioner. Mr. Atis Kumar Biswas Mrs. Jyoti Agarwal

.....for the Petitioner. Mr. Subrata Mukherjee Mr. Rajesh Kr. Shah

……for the State. Mr. Avilash Tripathi

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......for the De-facto complainant.

Learned advocate appearing for the petitioner submits that petitioner is mother of the principal accused. Learned advocate appearing for the State and de-facto complainant opposes the prayer for bail. I have taken into account the merits of the case so far as the other accused persons are concerned and petitioner is the mother who is in custody for 130 days, charge-sheet has already been submitted. Having considered that the principal accused is in custody and the fact that so far as the substantive offences are concerned the role of the petitioner is limited, I am inclined to release the petitioner on bail. As such, prayer for bail of the petitioner is allowed. Accordingly, the petitioner shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only), with

2 two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Judge, Special Court under POCSO Act, Krishnagar, Nadia. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of Nadia without prior permission of the learned Trial Court. With the aforesaid observations, CRM (M) No. 2599 of 2026 is allowed. The observations made above are only restricted for adjudication of the bail application and should not be considered a final opinion on the merits of the case. Report in respect of service 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.)

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