Calcutta High Court

CRM(M)/2224/2026 of XXXXX Vs STATE OF WEST BENGAL AND ANR. on 22 September 2026

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IN THE HIGH COURT AT CALCUTTA Item No.625 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 2224 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Fresherganj Coastal Police Station Case No. 155

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22.09.2026

IN THE HIGH COURT AT CALCUTTA Item No.625

CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 2224 of 2026

In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Fresherganj Coastal Police Station Case No.

of dated 19.10.2025 under Sections 64(2)(M)/113(2)/351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 6(1) of the Protection of Children from Sexual Offences Act, 2012.

And

In Re : XXXXX Vs. State of West Bengal & Anr.

Mr. Pintu Karar

... For the Petitioner.

Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick

... For the State.

Affidavit-of-service filed in Court today be kept with the record. Memo of Evidence submitted on behalf of the State be also kept with the record. Learned advocate appearing for the petitioner submits that petitioner is in custody since 20.10.2025 and charge- sheet has already been submitted before the jurisdictional court. It has been submitted that other accused persons have been granted bail. As such, petitioner may be released on bail. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and draws the attention of the Court to the statement of the victim recorded under Section 183 of BNSS and medico-legal examination report.

I find from the facts of the case that charges have also been leveled under the Prohibition of Child Marriage Act apart from other relevant provisions of POCSO Act and BNS. There are accusations, but the facts of the case do not warrant further detention of the present petitioner. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Kakdwip, South 24-Parganas. 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 the district of South 24-Parganas without prior permission of the learned Trial Court. The application for bail, being CRM (M) 2224 of 2026, is, thus, disposed of. All concerned parties shall act on the server copy of this order duly 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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