Gulzar Ali @ Guljar Vs the State of West… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

Gulzar Ali @ Guljar Vs the State of West… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Gulzar @ Guljar Ali: in the event of arrest, release on a bond of Rs.10,000/- with two sureties of like amount each, subject to Section 482(2) BNSS and stringent conditions (residence outside Kotwali police station jurisdiction, address furnished to IO and concerned OC, weekly meeting with IO till charge sheet, and prayer for regular bail before the jurisdictional Court within two weeks); application disposed of.

Issue for consideration

Whether the petitioner Gulzar @ Guljar Ali is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Women P.S. Jalpaiguri Case No. 219 of 2025 under Section 8 of the POCSO Act.

Court's answer

Considering the material on record and the extent of the petitioner's complicity in the alleged offence, the Court held that his custodial interrogation may not be required and that he may be granted anticipatory bail subject to stringent conditions.

Ratio / Principle

In the event of arrest, the petitioner is to be released on bail on a bond of Rs.10,000/- with two sureties of like amount each, subject to Section 482(2) BNSS and conditions: residence outside Kotwali police station jurisdiction, furnishing his present address to the Investigating Officer and the officer-in-charge where he resides, meeting the Investigating Officer once a week till submission of the charge sheet, and appearing before the jurisdictional Court to pray for regular bail within two weeks.

Detailed headnote1 paragraphs

Anticipatory bail — Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 — offence under Section 8, POCSO Act (Women P.S. Jalpaiguri Case No. 219 of 2025 dated 09.12.2025). Defence plea: petitioner falsely implicated owing to a loan-repayment dispute with the victim's father, who worked as a labourer under him; the victim refused medical examination. Holding: custodial interrogation may not be required; anticipatory bail granted on a bond of Rs.10,000/- with two like sureties, subject to Section 482(2) BNSS and stringent conditions — residence outside Kotwali police station limits, address to be furnished to the Investigating Officer and the local officer-in-charge, weekly meeting with the Investigating Officer till charge sheet, and application for regular bail before the jurisdictional Court within two weeks. Application disposed of; case diary to be returned.

17.02.2026 17 jb. Allowed IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION

CRM (A) 7 of 2026

In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Women P.S. Jalpaiguri Case No. 219 of 2025 dated 09.12.2025 under Section 8 of POCSO Act.

And In Re : Gulzar @ Guljar Ali ... Petitioner Mr. Jaydeep Kanta Bhowmik Ms. Debi Sarkar Mr. Shubham Kumar Ms. Priti Das ... for the Petitioner Mr. Nilay Chakraborty Ms. Sukanya Adhikary ... for the State

Heard learned counsels for the parties.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated due to a dispute with the victim’s father with regard to repayment of loan taken by him from the petitioner. Learned counsel submits that the minor girl has been used to wreck vengeance against the petitioner.

Learned counsel for the State opposes the prayer.

I have considered the material on record.

2

It prima facie appears that the victim’s father worked as a labour under the petitioner. The victim has refused medical examination.

Considering the material on record and extent of complicity of the petitioner in the alleged offence, this Court is of the view that the petitioner may be granted anticipatory bail subject to stringent conditions since his custodial interrogation may not be required.

Prayer for anticipatory bail of the petitioner is allowed.

Accordingly this Court directs, in the event of arrest, the petitioner namely Gulzar @ Guljar Ali be released on bail on furnishing bond of Rs.10,000/-(Rupees Ten Thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and subject to provision under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to conditions that the petitioner shall remain outside the jurisdiction of Kotwali police station and shall furnish the address where he shall presently reside before the investigating officer and the concerned officer in charge of the police station under whose jurisdiction he shall henceforth reside and shall meet the Investigating Officer once a week till submission of charge sheet. The petitioner shall appear before the jurisdictional Court and pray for regular bail within two weeks from date.

CRM (A) 7 of 2026 is, thus, disposed of.

Case Diary be returned.

3

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

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

(Suvra Ghosh, J.)