Calcutta High Court
CRM(M)/2162/2026 of XXXX Vs THE STATE OF WEST BENGAL AND ANR on 21 September 2026
Court No.35. D/L.642. Rakib (Allowed) CRM (M) 2162 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 Sarsuna Police Station case no. 59 of 2020 dated 13.06.2020
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21.09.2026 Court No.35. D/L.642. Rakib (Allowed)
CRM (M) 2162 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 Sarsuna Police Station case no. 59 of 2020 dated 13.06.2020 under Sections 6/10 of the POCSO Act.
And In the matter of : XXXX
……Petitioner. Mr. Arnab Saha Mr. Abhimanyu Banerjee Mr. Abdul Nooman
.....for the Petitioner. Mr. Gouranga Kumar Das, Ld. APP Mr. Kaustav Shome Ms. Casunia Chatterjee
……for the State.
Petitioner is in custody for more than six year two months. On the earlier occasion when the bail was rejected in CRM (M) 342 of 2025 (vide order dated 20.05.2025) prosecution prayed sometime for completing the evidence as two witnesses were remaining. Today also Mr. Gouranga Kumar Das, learned advocate appearing for the State submits that two witnesses are remaining. There has been no progress in the case since last one year three months pursuant to the direction passed by the Coordinate Bench specifying expediting the trial. Petitioner is in custody since 12.08.2020. Considering the aforesaid time period of detention and there is lack of efforts of the prosecution to conclude the trial, I am
2 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 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 the POCSO Act), 2nd Court, Alipore, 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 district of South 24 Parganas without prior permission of the learned Special Court. With the aforesaid observations, CRM (M) No. 2162 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.)