Prabir Adhikari Vs State of West Bengal and… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

Prabir Adhikari Vs State of West Bengal and… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Release of Prabir Adhikari 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 (POCSO) Court, Barrackpore, North 24 Parganas; conditioned on the petitioner being physically available on every date fixed by the learned Special court and not leaving the district of North 24 Parganas without prior permission of the learned Special court.

Issue for consideration

Whether the petitioner Prabir Adhikari should be released on bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of the BNSS, 2023 in connection with Dakshineswar PS Case No. 79 of 2024 dated 11.07.2024 under Sections 8/12 of the POCSO Act.

Court's answer

On a prima facie review, the Court saw the overall materials against the petitioner but observed that the petitioner's conduct cannot be approved.

Ratio / Principle

Having considered the period of detention undergone by the petitioner, the Court was inclined to release him on bail.

Detailed headnote1 paragraphs

Bail allowed (CRM (M) 1551 of 2026, decided 28.07.2026) by Tirthankar Ghosh, J. of the Hon'ble High Court, Calcutta under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of the BNSS, 2023 for Prabir Adhikari, in custody since 11 June 2024 in connection with Dakshineswar PS Case No. 79 of 2024 dated 11.07.2024 under Sections 8/12 of the POCSO Act. Though the Court found the petitioner's conduct incapable of approval on a prima facie view of the materials, it granted bail considering the period of detention and trial progress (only two of eleven charge-sheet witnesses examined; victim's evidence concluded): bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local) to the satisfaction of the learned Judge (POCSO) Court, Barrackpore, North 24 Parganas, subject to physical presence on all dates fixed by the Special court and no departure from the district of North 24 Parganas without prior permission.

28.07.2026

Serial no. 275 [G.S.D]

CRM (M) 1551 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 Dakshineswar PS Cse No. 79 of 2024 dated 11.07.2024 u/s 8/12 of the POCSO Act.

-And-

In the matter of : Prabir Adhikari

… Petitioner(s) Mr. Manojit Debnath Mr. A. Sarkar … for the Petitioner(s) Ms. Hasi Saha … for the State-respondent(s)

Report submitted by the State be kept with the record.

Inspite of service, none appears on behalf of the private opposite party.

Learned advocate for the petitioner submits that the petitioner was arrested on 11^th June, 2024 and since then he is in custody.

Learned advocate for the State submits that out of the 11 witnesses cited in the charge sheet, till date, only two witnesses have been examined and the evidence of the victim has already been over.

Prima facie , I have seen the overall materials appearing against the present petitioner, although, the conduct of the petitioner cannot be approved.

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However, having considered the period of detention of the present petitioner, I am inclined to release the petitioner on bail.

Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Prabir Adhikari 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 (POCSO) Court, Barrackpore, 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) 1551 of 2026 is allowed .

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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