Calcutta High Court
CRM(M)/2114/2026 of AMIT GAYEN Vs STATE OF WEST BENGAL AND ANR on 21 September 2026
IN THE HIGH COURT AT CALCUTTA Item No.638 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 2114 of 2026 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
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21.09.2026
IN THE HIGH COURT AT CALCUTTA Item No.638
CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 2114 of 2026
In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Baruipur Police Station Case No. 1542 of 2021 dated 04.09.2021 under Sections 363/365 of the Indian Penal Code, 1860, adding Section 376(2)(1) of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 subsequently charge-sheet submitted under Sections 363/365/376(3)(2n) of the Indian Penal Code, 1860 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.
And
In Re : Amit Gayen
... Petitioner. Mr. Niladri Sekhar Ghosh, Ms. Labani Sikder, Mr. Souvik Dey
... For the Petitioner. Mr. Indradip Das, Ms. Swagata Das
... For the State.
Affidavit-of-service filed in Court today be kept with the record. Learned advocate appearing for the petitioner submits that the petitioner is in custody for five years. Earlier bail of the petitioner was rejected by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No(s). 10959/2022 with a direction to expedite the trial and conclude the same at the earliest preferably within a period of one year from 28.11.2022 when the order was passed. Till date, however, two witnesses have been examined out of 14 witnesses cited by the prosecution. Having considered the period of incarceration and the pace at which the prosecution is progressing, without further entering into
2 the merits of the case, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Amit Gayen 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 Judge, Special Court under the POCSO Act-cum- Additional District and Sessions Judge, Baruipur, South 24-Parganas. If on bail, the petitioner shall be physically present on each and every date before the learned Special Court and shall not leave the jurisdiction of the district of South 24- Parganas without prior permission of the learned Special Court. Additionally, the petitioner shall not enter the jurisdiction of Baruipur Police Station till specific directions are passed by the learned Special Court. The application for bail, being CRM (M) 2114 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.)