Calcutta High Court
CRM(M)/2039/2026 of BIKASH DAS Vs STATE OF WEST BENGAL AND ANR on 15 September 2026
Court No.35. D/L.32. Rakib (Allowed) CRM (M) 2039 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 Berhampore Police Station case no. 531 of 2026 dated
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15.09.2026 Court No.35. D/L.32. Rakib (Allowed)
CRM (M) 2039 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 Berhampore Police Station case no. 531 of 2026 dated 09.04.2026 under Sections 329(4)/74/75 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8/12 of the POCSO Act, 2012.
And In the matter of : Bikash Das
……Petitioner. Ms. Minoti Gomes
.....for the Petitioner. Mr. Sagar Saha Ms. Nayana Mukhopadhyay
……for the State.
Learned advocate appearing for the petitioner submits that petitioner is in custody for more than five months and charge-sheet has already been submitted before the jurisdictional Court but witness action has not commenced. Learned advocate appearing for the State has opposes the prayer for bail. I have taken into account the materials appearing in the Case Diary, particularly, the statement of the victim under Section 183 of the BNSS. Having considered the same, I am of the opinion that further custodial detention of the petitioner is uncalled for. As such, prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Bikash Das shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees
2 Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Judge, Special (POCSO) Court, Berhampore, Murshidabad. 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 Murshidabad without prior permission of the learned Special Court. Additionally, petitioner shall not enter into the jurisdiction of Berhampore Police Station, except for the purposes of attending the Court, till the evidence of vulnerable witnesses are over. With the aforesaid observations, CRM (M) No. 2039 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.)