Calcutta High Court

CRM(M)/2302/2026 of PREMKUMAR Vs STATE OF WEST BENGAL AND ANR on 8 October 2026

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Court No.35. M/L. 92 Kausik (Allowed) CRM (M) 2302 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 Kaliyaganj Police Station Case No. 176 of 2023 dated 10.05.2023

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08.10.2026 Court No.35. M/L. 92

Kausik (Allowed)

CRM (M) 2302 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 Kaliyaganj Police Station Case No. 176 of 2023 dated 10.05.2023 under Section 4 of POCSO Act.

And In the matter of : Premkumar

……Petitioner.

Ms. Minoti Gomes

Mr. Jisan Iqbal Hossain

……for the Petitioner.

Mr. Koustav Lal Mukherjee

Mr. Sanjib Das

….for the State.

Report submitted by the State regarding service effected upon the private opposite party be kept with the record.

Learned advocate appearing for the petitioner submits petitioner is in custody for more than 3 years 4 months. 6 witnesses have already been examined pursuant to the earlier directions passed by this Court. Evidence of vulnerable witnesses are over. As such petitioner may be released on bail.

Learned advocate for the State opposes the prayer for bail, draws the attention of the victim under Section 183 of the BNSS as well as the Medico Legal Examination Report.

2

On an assessment of both the facts, I am of the opinion that without further entering into the merits on the issue relating to long incarceration of the petitioner he may be released on bail. As such, petitioner, namely Premkumar 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), Raiganj, Uttar Dinajpur.

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 Uttar Dinajpur without the prior permission of the learned Special Court.

Accordingly, CRM (M) 2302 of 2026 is allowed.

Memo of Evidence 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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