CRM(M)/205/2026 of SANKAR MUNDA Vs THE STATE OF WEST BENGAL AND ANR on 17 August 2026

1. Learned Counsel for the petitioner has submitted that he served notice upon the defacto complainant but no affidavit-of-service has been filed. However, from the police report it transpires that the defacto complaint is on the run and the police did not find him in the place of his residence in spite of several attempts. In view of such state of affairs, I am inclined to hear the bail application, even the defacto complainant is not present, since the petitioner is in custody for more than five years one month.

2. Learned Counsel for the petitioner has submitted that the petitioner is in custody for more than five years one month and there are seventeen witnesses to be examined by the prosecution. Not a single witness is examined till date. Considering the period of detention and also the fact that there is no chance of an early conclusion of the trial he may be enlarged on bail any condition.

3. The learned Counsel for the State submits a status report as directed. Let it be taken on record. The learned Counsel for the State has submitted that on several occasions summons were issued to the witnesses but the witnesses did not turn up before the trial Court. She has further submitted that the defacto complainant has been examined partly. It is also stated that the defacto complainant was not found in his residence and for which a non-bailable witness warrant was issued against him.

4. It appears that the petitioner is languishing in judicial custody for more than five years one month. The defacto complainant who lodged the complaint is on the run and there is no certainty when seventeen witnesses will be examined and when the trial would be concluded. In view of such state of affairs, I am inclined to allow the prayer of the petitioner for bail certain conditions:-

a) The petitioner, namely Sankar Munda, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of Rs.5,000/- (Rupees Five Thousand) each, one of whom must be local, to the satisfaction of Learned Additional District and Session Judge Special Court, (under POCSO Act), Mal.

b) The petitioner shall appear before the learned Trial Court on each and every date of hearing and/or as and when to be directed by the Court.

c) The petitioner shall not intimidate or threaten the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit any cognizable offence in any manner whatsoever.

d) The petitioner shall not leave the jurisdiction of Nagrakata Police Station, except for the purpose of attending the court proceedings, until further orders. The petitioner shall meet the Officer-in-Charge/Inspector-in-Charge of Nagrakata Police Station once in a fortnight, until further orders.

5. In the event, the petitioner fails to adhere to any of the conditions stipulated above, the Trial Court shall be at liberty to cancel the bail in accordance with law.

6. The application for bail is, thus, allowed.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Apurba Sinha Ray, J.)