Prashanta Sarkar Vs State of West Bengal and Anr. — Bail and Remand | Calcutta HC (2026)

Prashanta Sarkar Vs State of West Bengal and Anr. — Bail and Remand | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Bail granted to the petitioner Prashanta Sarkar on furnishing bond of Rs.10,000/- with two sureties of like amount each (one local), to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri, subject to conditions of appearance before the trial Court on every date of hearing and refraining from intimidating witnesses or tampering with evidence; the trial Court may cancel bail for breach without justifiable cause. Application disposed of; case diary to be returned.

Issue for consideration

Whether the petitioner, arraigned under Section 69 of the BNS in connection with Jalpaiguri Women Police Station Case No. 211 of 2025, should be released on bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

The victim appears to be a major.

Ratio / Principle

There was a consensual relationship between the petitioner and the victim; the victim conceived as a result of such relationship and refused medical examination.

Key takeaways

Considering the material on record and that the charge sheet has been submitted, further detention of the petitioner is not required for the purpose of custodial interrogation.ratio¶14
Prayer for bail is allowed: the petitioner is to be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri, subject to appearing before the learned trial Court on every date of hearing and not intimidating witnesses or tampering with evidence; on breach without justifiable cause the trial Court may cancel bail without further reference to this Court.ratio¶16

Detailed headnote1 paragraphs

Bail — S.439 CrPC read with S.483 BNSS, 2023 — accused under S.69 BNS (Jalpaiguri Women Police Station Case No. 211 of 2025 dated 18.11.2025) — victim a major; consensual relationship between the parties; victim conceived and refused medical examination — charge sheet submitted and case committed to Sessions — further detention not required for custodial interrogation — bail allowed on bond of Rs.10,000/- with two sureties of like amount each (one local), subject to attendance on every hearing date and non-intimidation of witnesses/non-tampering with evidence; trial Court free to cancel bail on breach without justifiable cause.

12.02.2026 Item No.59 Ct.No.5 b.das Allowed

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION

C.R.M. (M) 6 of 2026

In Re : An application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jalpaiguri Women Police Station Case No. 211 of 2025 dated 18.11.2025 under Section 69 of the BNS.

And In Re : Prashanta Sarkar ... Petitioner Mr. Joydeep Kanta Bhowmik Mr. S. Bhowmik Mr. S. Kumar Ms. Sayantani Das ... for the Petitioner Mr. Saikat Chatterjee Mr. Chattu Roy ... For the State

Affidavit of service filed by the petitioner is taken on record.

None appears for the victim despite service.

Learned counsel for the petitioner submits that the petitioner and the victim are majors and there was a consensual relationship between them which turned sour subsequently. The petitioner has been falsely implicated and prays for bail. Charge sheet has been submitted and the case has been committed to the Court of Sessions.

Learned counsel for the State opposes the prayer.

I have considered the material on record.

The victim appears to be a major. The record reveals that there has been a consensual relationship between the

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parties. The victim has conceived as a result of such relationship. She has refused medical examination.

Considering the material on record and also since it is submitted by the petitioner that charge sheet has been submitted, further detention of the petitioner is not required for the purpose of custodial interrogation.

Accordingly prayer for bail of the petitioner is allowed.

The petitioner Prashanta Sarkar be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri subject to condition that he shall appear before the learned trial Court on every date of hearing. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with any of the conditions as mentioned above without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application being C.R.M. (M) 6 of 2026 is disposed

of.

Case Diary be returned.

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

(Suvra Ghosh, J.)