Dismissed¶23

Sayan Mandal v. State of West Bengal and Anr.

Calcutta HC9 Feb 2026CRM(M)/179/2026

Case brief

AI extract

What is this about?

Bail rejected under S.483 BNSS 2023; POCSO case (S.4 POCSO Act 2012) with S.64 Bharatiya Nyaya Sanhita 2023; Manikchak Police Station Case No.39 of 2025 dated 14.01.2025; petitioner custodian for 1 year 1 month, victim examined and cross-examined; medical report established sexual assault on victim; Section 183 BNSS statement considered from case diary; complicity of accused at stage of trial weighed against release; bail prayer rejected and criminal miscellaneous application CRM(M) 179 of 2026 dismissed.

What did the court decide?

On perusal of the medical report produced from the case diary, the Court found that there was sexual assault upon the victim. ¶21

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

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D/L 56

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C.R.M. (M) 179 of 2026

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09.02.2026

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Bpg. In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Manikchak Police Station Case No.39 of 2025 dated 14.01.2025 under Section 64 of Bharatiya Nyaya Sanhita, 2023 read with Section 4 of the Protection of Children from Sexual Offences Act 2012;

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Sayan Mandal Versus

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The State of West Bengal & Anr.

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Mr. Kalidas Saha

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Ms. Khushi Mollick

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Mr. Pikesh Kumar Chauhan.

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…for the petitioner.

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Ms. Sujata Das

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Mr. Dattatreya Dutta. …for the State.

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Mr. Sariful Alam Mr. Romit Dutta Ms. Sanjukta Samanta. …for the de facto complainant.

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Affidavit-of-service filed by the petitioner be kept with the

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record.

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Learned advocate appearing for the petitioner submits that the petitioner is in custody for 1 year 1 month and the evidence of the victim is over. Learned advocate emphasises on the crossexamination of the victim.

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Learned advocate for the de facto complainant also submits that conditions be imposed for release of the petitioner and leaves it to the discretion of the Court.

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Learned advocate for the State has produced the case

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diary and drawn the attention of the Court to the statement under Section 183 of the BNSS as also the medical report.

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I find from the medical report that there was sexual assault upon the victim. Petitioner is trying to take advantage of the present series of events.

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Having considered the same, I am of the view that at this stage of the case considering the complicity of the present petitioner, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected.

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Thus, CRM(M)179 of 2026 is dismissed.

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

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

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(Tirthankar Ghosh, J.)

Sayan Mandal v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Sayan Mandal v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

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