Sabir Sk Vs State of West Bengal and Anr. — Child Sexual Offences (POCSO) | Calcutta HC (2026)

Sabir Sk Vs State of West Bengal and Anr. — Child Sexual Offences (POCSO) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Release of Sabir Sk on bail upon furnishing 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 the POCSO Act, Berhampore, Murshidabad, subject to physical presence before the Special Court on every date and no departure from the district of Murshidabad without prior permission; the bail application disposed of.

Issue for consideration

Whether the petitioner, in custody for more than two years with the evidence of the victim concluded, should be released on bail in connection with Hariharpara Police Station Case No. 272 of 2024.

Court's answer

Considering that the evidence of the victim is over and the nature of the evidence deposed, the Court found itself inclined to release the petitioner on bail and accordingly allowed the prayer for bail.

Ratio / Principle

Release on bail is subject to the conditions that the petitioner shall be physically present before the learned Special Court on each and every date and shall not leave the jurisdiction of the district of Murshidabad without its prior permission.

Detailed headnote1 paragraphs

Calcutta High Court (Criminal Miscellaneous Jurisdiction), by order dated 24.07.2026 (Tirthankar Ghosh, J.), allowed an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for bail of petitioner Sabir Sk in connection with Hariharpara Police Station Case No. 272 of 2024 dated 09.05.2024 (Sections 363/365/34 of the Indian Penal Code, 1860, with Section 376(3) IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 added). Bail was granted having considered that the evidence of the victim was over and the nature of evidence deposed, the petitioner having been in custody for more than two years. Terms: 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 the POCSO Act, Berhampore, Murshidabad; physical presence before the Special Court on each and every date; no leaving the district of Murshidabad without prior permission. The de facto complainant raised no objection; the State opposed. Application disposed of.

24.07.2026

Item No.278 Ct.No.35 dc.

IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION

Allowed

C.R.M. (M) 1504 of 2026

In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Hariharpara Police Station Case No. 272 of 2024 dated 09.05.2024 under Sections 363/365/34 of the Indian Penal Code, 1860 and adding Section 376(3) of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

And In Re : Sabir Sk ... Petitioner. Mr. Anisur Rahman, Mr. Arnab Chatterjee, Mr. Avik Ghosh, Ms. Ankusha Ghosh ... For the Petitioner. Mr. Pinaki Bhattacharyya ... For the State. Ms. Sarmistha Basak ... For the de facto complainant.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for more than two years. The evidence of the victim and some of the other witnesses is over.

Learned advocate appearing for the de facto complainant do not raise any objection.

Learned advocate appearing for the State opposes the prayer for bail.

Having considered that the evidence of the victim is over and the nature of evidence deposed, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed .

2

Accordingly, the petitioner viz., Sabir Sk shall be released on bail upon furnishing 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 the POCSO Act, Berhampore, Murshidabad.

If on bail, the petitioner shall be physically present on each and every date before the learned Special Court and shall not leave the jurisdiction of the district of Murshidabad without prior permission of the learned Special Court.

The application for bail, being CRM (M) 1504 of 2026, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)