Feku Shaw Vs State of West Bengal and Anr. — Child Sexual Offences (POCSO) | Calcutta HC (2025)

Feku Shaw Vs State of West Bengal and Anr. — Child Sexual Offences (POCSO) | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Petitioner Feku Shaw enlarged on bail upon a bond of Rs. 10,000 with two sureties of like amount each (one local), subject to conditions including daily trial-court attendance, non-intimidation/non-tampering, fortnightly reporting to the Inspector-in-Charge of Topsia Police Station, exclusion from Topsia Police Station jurisdiction except for court attendance and reporting, and furnishing of current residential address; trial court empowered to cancel bail on breach.

Issue for consideration

Whether petitioner Feku Shaw, in custody for 87 days in Special Case No. 34 arising out of Topsia Police Station Case No. 83 of 2025 (allegations under Sections 74/75(2) Bharatiya Nyaya Sanhita, 2023 and Section 8 POCSO Act), should be enlarged on bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973, opposed by the State and the de facto complainant.

Court's answer

Notwithstanding the victim's allegation that the petitioner touched her inappropriately, the Court was inclined to enlarge the petitioner on bail considering his 87 days' custody, submission of the charge sheet on completion of investigation, and the victim's refusal to undergo medical examination.

Ratio / Principle

Petitioner ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of like amount each, one of whom must be a local, to the satisfaction of the learned Additional Sessions Judge, 1st Court, Sealdah, South 24 Parganas.

Key takeaways

Condition of bail: petitioner to appear before the learned Trial Court on each and every day of substantive hearing, subject to Section 317 CrPC 1973 / Section 355 BNSS 2023.ratio¶16
Condition of bail: petitioner shall not intimidate the victim or witnesses nor tamper with evidence in any manner whatsoever.ratio¶16
Condition of bail: petitioner to meet the Inspector-in-Charge of Topsia Police Station once in a fortnight, until further orders.ratio

Detailed headnote1 paragraphs

Calcutta High Court (Criminal Miscellaneous Jurisdiction; Bivas Pattanayak, J.; decided 26.08.2025) disposed of CRM(M) 1391 of 2025, a Section 483 BNSS 2023 (corresponding to Section 439 CrPC 1973) bail application by Feku Shaw, an accused facing charges under Sections 74/75(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act in Topsia Police Station Case No. 83 of 2025 (31.05.2025), trialled as Special Case No. 34 before the Additional Sessions Judge, 1st Court, Sealdah. Despite objections by the State and the de facto complainant, and although the victim alleged inappropriate touching, bail was granted because the petitioner had spent 87 days in custody, investigation was complete with charge-sheet submitted, and the victim refused medical examination. Release ordered on a Rs. 10,000 bond with two like sureties (one local) before the Additional Sessions Judge, Sealdah, with conditions: daily appearance in substantive hearings (S. 317 CrPC / S. 355 BNSS), no intimidation of the victim/witnesses or evidence-tampering, fortnightly reporting to the Inspector-in-Charge, Topsia P.S., exclusion from Topsia P.S. jurisdiction save for court attendance and reporting, and furnishing of the current address; the Trial Court may cancel bail on breach without further reference. All observations limited to disposal of the application.