Swapan Sarkar v. State of West Bengal and Anr.
Case brief
What is this about?
Calcutta High Court, Appellate Side, Criminal Miscellaneous Jurisdiction; C.R.M.(M) 1175 of 2026 decided 14.07.2026 by Tirthankar Ghosh, J.; bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 rejected; offences under Sections 376(3) IPC read with Section 6 POCSO Act, 2012; Simlapal Police Station Case No. 31 of 2021 dated 26.03.2021; S.P.L. No. 01 of 2021; minor victim aged 12 years 3 months became pregnant; DNA test reflects complicity; petitioner in custody 1565 days; evidence of vulnerable witnesses concluded, trial pending; prayer for bail rejected and application dismissed.
What did the court decide?
Considering the record (victim aged 12 years 3 months who became pregnant, DNA test reflecting the petitioner's complicity) and in the light of the provisions of the POCSO Act, 2012, the court was not inclined to release the petitioner on bail.