Calcutta High Court
CRM(M)/2095/2026 of MATALLU @ MD SAKIL Vs STATE OF WEST BENGAL AND ANR on 17 September 2026
Court No.35. D/L. 404. Kausik (Allowed) CRM (M) 2095 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 Garden Reach Police Station Case No. 94 dated 17.06.2023 under
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17.09.2026 Court No.35. D/L. 404. Kausik (Allowed)
CRM (M) 2095 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 Garden Reach Police Station Case No. 94 dated 17.06.2023 under Section 377 of Indian Penal Code and Section 6 of POCSO Act.
And In the matter of : Matallu @ Md. Sakil
……Petitioner.
Ms. Trina Mitra
……for the Petitioner.
Mr. Rajendra Banerjee, Ld. APP
Mr. Rajesh Kr. Shah
….for the State.
Learned advocate appearing for the petitioner submits that petitioner was arrested on 17.06.2023 and since then he is in custody. Till date out of 11 witnesses, only examination-in- chief of the victim is progressing. Petitioner prays for bail on any stringent conditions.
Learned advocate for the State opposes the prayer for bail and has drawn the attention of the Court to the statement of the victim boy under Section 164 of the Cr.P.C. as well as the Medico Legal Examination Report.
On an assessment of the overall facts of the case, particularly the period of detention of the present petitioner which is 3 years and 3 months, I am of the opinion that further detention is uncalled for. As such, prayer for bail is allowed on stringent conditions. Accordingly, Petitioner, namely, Matallu @ Md. Sakil shall furnish 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, 2nd Court, Alipore, South 24 Parganas. 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 South 24 Parganas without the prior permission of the learned Trial Court.
Additionally, petitioner shall not enter the jurisdiction of Garden Reach Police Station till the vulnerable witnesses are completed.
Learned Trial Court would assess the same and thereafter waive the present condition as and when the situation calls for.
With the aforesaid observations CRM (M) 2095 of 2026 is allowed.
Memo of Evidence submitted 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.)