Dismissed¶15

Petitioner v. the State of West Bengal and Anr.

Bail – rejection

Calcutta HC2 Jan 2026CRM(M)/2649/2025

Download

Case brief

AI extract

What is this about?

Calcutta High Court; C.R.M. (M) 2649 of 2025; Tirthankar Ghosh, J.; order dated 02.01.2026; bail under Section 439 CrPC / Section 483 BNSS rejected; Deganga Police Station Case No. 130 of 2024 (05.03.2024); Section 12 POCSO Act; petitioner aged about 70 years; custody 1 year 10 months; Section 164 CrPC victim statement; mismatch between supplied copy and copy produced before Court; Investigating Officer to supply fresh copy through Trial Court; Section 207 CrPC copies; case diary returned; application dismissed.

What did the court decide?

With the original case diary placed before the Court, the Court found the case of the prosecution substantiated and rejected the petitioner's prayer for bail. ¶12

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

¶1

02.01.2026 Item No.19 Ct.No.35 dc. Rejected

¶2

IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION

¶3

C.R.M. (M) 2649 of 2025

¶4

In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Deganga Police Station Case No. 130 of 2024 dated 05.03.2024 under Section 12 of the Protection of Children from Sexual Offences Act, 2012.

¶5

And

¶6

In Re : Petitioner Vs. The State of West Bengal & another.

¶7

Mr. Sumanta Chakraborty, Ms. Dhimoyee Kundu ... For the Petitioner. Ms. Manisha Sharma, Mr. Tirthankar Dhali ... For the State.

¶8

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 1 year 10 months and is aged about 70 years.

¶9

Learned advocate appearing for the State, on the other hand, produces the statement of the victim recorded under Section 164 of the Code of Criminal Procedure as well as the medical report.

¶10

Prima facie there are corroborations. However, the learned advocate appearing for the petitioner submits that copy of the statement of the victim recorded under Section 164 of the Code of Criminal Procedure which has been supplied to the accused do not match with the copy of the statement which has been produced before this Court.

¶11

¶12

Since the original case diary has been placed before this Court, I am of the view that the case of the prosecution is substantiated. As such, the prayer for bail of the petitioner is rejected .

¶13

Learned advocate for the State would direct the Investigating Officer of the case to supply a fresh copy of the statement of the victim recorded under Section 164 of the Code of Criminal Procedure to the accused through the learned Trial Court.

¶14

Photostat copy of the case diary earlier retained along with the copies under Section 207 of the Code of Criminal Procedure which was placed on record be returned to the respective advocate.

¶15

The application for bail, being CRM (M) 2649 of 2025, is, thus, dismissed.

¶16

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

¶17

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

¶18

(Tirthankar Ghosh, J.)

Petitioner v. the State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Petitioner v. the 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

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Fajrul Ali Vs State of West Bengal and Anr.

Arman Sk @ Arman Sekh Vs State of West Bengal and Anr.

Haydar Sekh @ Hayder @ Haider Sk @ Haidar Sk @ Haidar Sekh Vs the State of West Bengal and Anr.

Jahir Abbas Khan Vs State of West Bengal and Anr.

Ajfaru Sk. @ Kalu @ Ajfarul Hoque and Ors. Vs State of West Bengal

Rahul Kumar Vs Union of India and Anr.