Calcutta High Court
CRM(M)/2138/2026 of XXXX Vs STATE OF WEST BENGAL AND ANR on 17 September 2026
17.09.2026 Rohit, A.R.(Ct.) ct.no.35 Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M (M) 2138 of 2026 XXXX Vs The State of West Bengal & Anr. In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in
D/L 419
17.09.2026
Rohit, A.R.(Ct.)
ct.no.35
Allowed
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
APPELLATE SIDE
C.R.M (M) 2138 of 2026
XXXX
Vs
The State of West Bengal & Anr.
In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pocso Case No.
31 of 2026 arising out of Khanakul Police Station Case No. 363 of 2026 dated 28.05.2026 under Sections 85/75/74/316(2) of the BNS, 2023 and Section 8/12 of POCSO Act, 2012 & Section 4 of Dowry Prohibition Act, 1961.
And
In the matter of : XXXX
…Petitioner.
Mr. Anit Dey
Mr. Ankan Santra
Mr. Rony Baidya
…for the Petitioner
Mr. L. Vishal Kumar
Mr. Sanjib Das
…for the State
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1. Affidavit-of-service filed in Court today be taken on record.
2. Learned Advocate for the petitioner submits that there was a matrimonial dispute pursuant to which a case was registered and subsequently again the present case has been registered.
3. Learned advocate for the State opposes the prayer for bail and has drawn the attention of the Court to the statement of the informant as well as the statement of the daughter of the informant aged about twelve years.
4. The present case was initiated pursuant to an application under Section 175(3) of the BNSS.
5. I have taken into account the materials appearing and existing matrimonial dispute also between the informant and the present petitioner.
6. Having regard to the overall circumstances including the period of detention and the fact charge-sheet has been submitted before the jurisdictional Court, I am of the view that further custodial detention of the petitioner is unwarranted. As such prayer for bail is allowed.
1. Accordingly, Petitioner, namely, XXXX 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 Special Judge (POCSO Act), Arambagh, Hooghly.
2. If on bail, 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 Hooghly without the prior permission of the learned Special Court. However, the petitioner shall not enter into the jurisdiction of Khanakul Police Station and would meet with the Officer-in-Charge of the concerned Police Station where he would reside once in a month till the evidence of the vulnerable witnesses is concluded.
3. Accordingly, CRM (M) 2138 of 2026 is allowed.
4. All parties shall act in terms of server copy of the order downloaded from the official website of this Court.
5. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)