Abdul Rahim Sardar Vs State of West Bengal… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

Abdul Rahim Sardar Vs State of West Bengal… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Bail granted to Abdul Rahim Sardar upon furnishing 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, Special Court under the POCSO Act, Basirhat, North 24-Parganas; petitioner directed to meet the Inspector-in-Charge, Basirhat Police Station once a week till further orders and to be physically present on each and every date fixed by the learned Special Court.

Issue for consideration

Whether the petitioner, who had been in custody for 7 months 15 days, should be released on bail under Section 483 BNSS in connection with Swarupnagar Police Station Case No. 455 of 2025. +1 more

Court's answer

Further detention of the petitioner in connection with the instant case is unwarranted and the prayer for bail is allowed, having regard to the fact that the petitioner is an Indian, the victim herself acknowledges the marriage, and there is no document to substantiate the victim's date of birth except a prepared report.

Ratio / Principle

The petitioner is to be released 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, Special Court under the POCSO Act, Basirhat, North 24-Parganas.

Detailed headnote1 paragraphs

Bail allowed by the High Court at Calcutta (Tirthankar Ghosh, J.) under Section 483 BNSS in C.R.M. (M) 2655 of 2025 arising from Swarupnagar Police Station Case No. 455 of 2025 dated 03.07.2025 (Sections 223/64(2)(f)(m)/249 Bharatiya Nyaya Sanhita, 2023; Section 14C Foreigners Act; Section 12 Passport Act; Section 9 Prohibition of Child Marriage Act). The petitioner, in custody for 7 months 15 days, was held entitled to bail because he is an Indian, the victim herself acknowledges the marriage, and there is no document to substantiate the victim's date of birth except a prepared report. Bail ordered on a bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local) to the satisfaction of the learned Judge, Special Court under the POCSO Act, Basirhat, North 24-Parganas, with conditions of weekly attendance before the Inspector-in-Charge, Basirhat Police Station and physical presence on every date fixed by the Special Court.

18.02.2026 Item No. M/L.272 Ct.No.35 dc.

IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION

Allowed

C.R.M. (M) 2655 of 2025

In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Swarupnagar Police Station Case No. 455 of 2025 dated 03.07.2025 under Sections 223/64(2)(f)(m)/249 of the Bharatiya Nyaya Sanhita, 2023 and Section 14C of the Foreigners Act and Section 12 of the Passport Act and Section 9 of the Prohibition of Child Marriage Act.

And In Re : Abdul Rahim Sardar ... Petitioner. Mr. Kallol Kumar Basu, Md. Jannat ul Firdous ... For the Petitioner. Mr. Arindam Sen, Mr. Md. Yaser A. Ismail ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 7 months 15 days and has been foisted with cases under the relevant provisions of BNS, Foreigners Act, Passport Act and Prohibition of Child Marriage Act.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail.

I have taken into account the statement of the victim. Having considered that the present petitioner is an Indian and the victim herself acknowledges the marriage and there is no document to substantiate regarding the date of birth of the victim except a report prepared, I am of the view that further detention of the present petitioner in connection with

2

the instant case is unwarranted. As such, the prayer for bail

of the petitioner is allowed .

Accordingly, the petitioner viz., Abdul Rahim Sardar shall be released on bail upon furnishing 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, Special Court under the POCSO Act, Basirhat, North 24-Parganas.

If on bail, the petitioner shall meet with the Inspectorin-Charge, Basirhat Police Station once in a week till further orders of this Court.

The petitioner shall also be physically present on each and every date so fixed by the learned Special Court.

The application for bail, being CRM (M) 2655 of 2025,

is, thus, disposed of.

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

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

(Tirthankar Ghosh, J.)