No. 168 of 2025 · Calcutta High Court
Case at a glance
- Bench
- TIRTHANKAR GHOSH
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 483
- Code of Criminal Procedure, 1973 s. 439
- Bharatiya Nyaya Sanhita, 2023 ss. 75, 78, 126(2)
- Protection of Children from Sexual Offences Act, 2012 ss. 8, 12
Key paragraphs
- Para 88. Accordingly, CRM(R) 41 of 2026 is disposed of.
Judgment
Mr. Khalid Hasan For the State : …Advocate Mr. Md. Adil Badr, Jr. Govt. Advocate Mr. Sarthak Mondal …Advocates
Report submitted State enclosing acknowledgement of service upon the private opposite party be kept with the record.
Learned advocate appearing for the petitioner submits that the petitioner is in custody for more than eleven and half months and till date only chargesheet has been submitted and there has been no progress in the case.
Learned advocate appearing on behalf of the State opposes the prayer for bail.
I have taken into account the statements of the victim and the mother which were spelt out before the learned Judicial Magistrate. Having regard to the same as well as the period of detention, I am inclined to release the petitioner on bail.
Accordingly, the prayer for bail of the petitioner is allowed.
As such, the petitioners, namely, Samarul Sekh @ Samirul Sekh 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 the learned Judge, Special Court (POCSO), Barrackpore.
If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court in seisin of the case. The petitioner shall not leave the district of North 24 Parganas without prior permission of the concerned Court. Additionally, the petitioner shall not enter into the jurisdiction of Halisahar police station without informing the learned Trial Court as well as the Inspector-in- Charge/Officer-in-Charge of Halisahar police station.
Accordingly, CRM(R) 41 of 2026 is disposed of.
Case diary be returned to the learned advocate appearing for the State.
All parties shall act on the basis of server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities. ( Tirthankar Ghosh, J. )
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.