Sanjoy Chandra Mandal Vs State of West Bengal… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

Sanjoy Chandra Mandal Vs State of West Bengal… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Release of Sanjoy Chandra Mandal on bail under Section 439 CrPC / Section 483 BNSS on a bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local), to the satisfaction of the Learned Judge, Special Court under POCSO Act, Barasat, North 24 Parganas; conditions: physical presence on every date fixed by the learned Special Court and no departure from the district of North 24 Parganas without prior permission of the learned Special Court; pending applications disposed of.

Issue for consideration

Whether the petitioner Sanjoy Chandra Mandal, in custody for one year and two months in ST Case No. 05(06) 2025 (arising out of Barasat Police Station Case No. 740 of 2024, under Section 64(2)(m) BNS 2023), should be released on bail under Section 439 CrPC / Section 483 BNSS, in view of the completed evidence of the victim and her deposition of 23.09.2025.

Court's answer

On an assessment of the deposition of the victim recorded on or about 23.09.2025, the Court held that further detention of the petitioner is unwarranted.

Ratio / Principle

The prayer for bail was allowed: the petitioner is to be released on bail on a bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one of whom must be local), to the satisfaction of the Learned Judge, Special Court under POCSO Act, Barasat, North 24 Parganas, subject to his physical availability on each date fixed by the learned Special Court and abstention from leaving the district of North 24 Parganas without its prior permission.

Detailed headnote1 paragraphs

Bail under Section 439 CrPC / Section 483 BNSS granted to Sanjoy Chandra Mandal, accused in ST Case No. 05(06) 2025 arising out of Barasat Police Station Case No. 740 of 2024 dated 23.12.2024 under Section 64(2)(m) of the BNS, 2023, pending before the Special Court under the POCSO Act, Barasat, North 24 Parganas. The petitioner had been in custody for one year and two months and the evidence of the victim stood completed; assessing the victim's deposition recorded on or about 23.09.2025, the Court (Tirthankar Ghosh, J.) held further detention unwarranted despite the State's reliance on her statement under Section 183 BNSS. Release ordered on a bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local), conditioned on attendance on every date fixed by the Special Court and no departure from North 24 Parganas without its prior permission. CRM (M) 119 of 2026 allowed; pending applications disposed of.

04.02.2026

Serial no. 26 [G.S.D]

CRM (M) 119 of 2026

In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with ST Case No. 05(06) 2025 arising out of Barasat Police Station Case No. 740 of 2024 dt. 23.12.2024 u/s 64(2)(m) of the BNS, 2023.

-And-

In the matter of : Sanjoy Chandra Mandal

Mr. Angshuman Chakraborty Mr. S. S. Saha Ms. Shaila Afrin Mr. Prakash Mishra

… Petitioner(s) … for the Petitioner(s) … for the State-respondent(s)

Affidavit-of-service filed be kept with the record.

The petitioner is in custody for one year and two months and the evidence of the victim has been completed.

Learned advocate for the State, on the other hand, opposes the prayer for bail and draws the attention of the court to the statement of the victim under Section 183 of the BNSS.

I have taken into account the deposition of the victim which has taken place subsequently on or about 23.09.2025 and, on an assessment of the deposition of the victim, I am of the view that further detention of the present petitioner is unwarranted.

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Hence, the prayer for bail of the petitioner is

Allowed.

Accordingly, the petitioner viz, Sanjoy Chandra Mandal shall be released on bail upon furnishing 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 under POCSO Act, Barasat, North 24 Parganas.

If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Special court and shall not leave the district of North 24 Parganas without prior permission of the learned Special Court.

Accordingly, CRM(M) 119 of 2026 is allowed .

Pending application(s), if any, is also disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)

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