Calcutta High Court (Appellete Side)
Xxxx vs Unknown on 7 April, 2026
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
07.04.2026
Court No.35.
D/L. 34.
Kausik
(Allowed)
CRM (M) 288 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 Berhampore Police
Station Case No. 1683 of 2025 dated 28.07.2025 under Section
118(1)/118(2)/65(1)/82(1)/85 of the Bharatiya Nyaya Sanhita
and Section 6 of the POCSO Act.
And
In the matter of : XXXX
……Petitioner.
Mr. Jisan Iqbal Hossain
……for the Petitioner.
Mr. Debattam Das
Mr. Tirupati Mukherjee
….for the Defacto Complainant.
Mr. Imran Ali
Ms. Pritha Paul
……for the State.
Report submitted by the State be kept with the record.
Learned advocate for the State has produced the
statement of the victim girl under Section 183 of the BNSS.
Learned advocate for the defacto complainant has also
opposed the prayer for bail.
I find from the record that the petitioner was arrested
on 29.07.2025 which is more than 8 months in custody. The
charge sheet has already been submitted.
2
Having regard to the background of the case and
without entering into the merits considering the period of
detention of the present petitioner, I am inclined to release the
petitioner on bail on certain stringent conditions.
Accordingly, 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, Special
Court, under POCSO Act, Berhampore, Murshidabad.
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 Murshidabad
without the prior permission of the Learned Special Court.
Further, while on bail, petitioner shall not enter the
jurisdiction of Berhampore Police Station except for the
purposes of attending the Court. If there is any violation of the
provisions, the learned Special Court on being aware of the
same would be at liberty to cancel the bail without further
reference to this Court.
Accordingly, CRM (M) 288 of 2026 is allowed.
All parties shall act in terms of server copy of the order
downloaded from the official website of this Court.
3
Urgent photostat certified copy of this order, if applied
for, be supplied to the parties upon compliance with all requisite
formalities.
(Tirthankar Ghosh, J.)