Calcutta High Court
CRM(M)/1907/2026 of XXXXX Vs STATE OF WEST BENGAL AND ANR on 14 September 2026
Court No.35. D/L. 21. Kausik (Allowed) CRM (M) 1907 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 Nandigram Police Station Case No. 476 of 2024 dated 27.05.2024
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14.09.2026 Court No.35. D/L. 21. Kausik (Allowed)
CRM (M) 1907 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 Nandigram Police Station Case No. 476 of 2024 dated 27.05.2024 under Sections 363/365 of the Indian Penal Code, 1860 adding section 376(2)(n) of the Indian Penal code, 1860, Section 6(1) of the POCSO Act, 2012 and Sections 9/10 of the Prohibition of Child Marriage Act, 2006.
And In the matter of : XXX
……Petitioner.
Ms. Afreen Begum
Mr. Dip Dutta
……for the Petitioner.
Mr. Saptaswajit Kar
…for the Defacto Complainant.
Mr. Anindya Ghosh
Mr. Pronojit Roy
….for the State.
Learned advocate appearing for the petitioner submits that petitioner has been foisted with the present criminal case and is in custody since 19.05.2026.
Learned advocate for the defacto complainant is present and submits that there has been change of circumstances.
State has produced the case diary.
I have taken into account the statement of the victim under Section 183 of the BNSS as well as the Medico Legal Examination Report which reflects that medical examination was refused by the victim girl.
Having considered the overall circumstances, I am of the opinion further custodial detention of the present petitioner is unwarranted.
As such prayer for bail of the petitioner is allowed. Accordingly, Petitioner 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, POCSO Court, Haldia, Purba Medinipur. 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 Purba Medinipur without the prior permission of the learned Trial Court.
With the aforesaid observations CRM (M) 1907 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.)