Allowed¶18

Arif Sarkar @ Arifuddin Molla v. State of West Bengal

Calcutta HC9 Jul 2026CRM(M)/2822/2025

Case brief

AI extract

What is this about?

Bail granted (S.483 BNSS 2023) to Arif Sarkar @ Arifuddin Molla in C.R.M. (M) 2822 of 2025, arising from Balurghat GRPS Case No.03 of 2025 (Ss.118(2)/109 BNS 2023 r/w S.4 POCSO Act); custody about 11 months, 3 of 23 witnesses examined; victim and train driver statements considered; bond Rs.20,000/-, two sureties of Rs.10,000/- each (one local); conditions of daily trial-court attendance and confinement to Dakshin Dinajpur; decided by Tirthankar Ghosh, J., order dated 09.07.2026.

What did the court decide?

Release of the petitioner Arif Sarkar @ Arifuddin Molla on bail upon furnishing a bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local), subject to physical presence before the trial court on every date and no departure from the district of Dakshin Dinajpur without prior permission of the learned special court. ¶18

Arif Sarkar @ Arifuddin Molla Vs State of… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody for about 11 months in a POCSO case (Balurghat GRPS Case No.03 of 2025) in which only three of 23 witnesses had been examined, should be released on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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Court's answer

Having considered the statements of the victim and of the driver of the train recorded by the learned Judicial Magistrate, the court was of the opinion that further detention of the petitioner was unwarranted, and accordingly allowed the prayer for bail.

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Ratio / Principle

The petitioner was 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 Special Judge (under POCSO Act)-cum-ADJ, 2nd Court, Balurghat, Dakshin Dinajpur.

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Key takeaways

As a condition of bail, the petitioner shall be physically present before the learned trial court on each and every date.ratio¶17
As a condition of bail, the petitioner shall not leave the district of Dakshin Dinajpur without prior permission of the learned special court.ratio¶17

Detailed headnote1 paragraphs

Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allowed to Arif Sarkar @ Arifuddin Molla, accused in Balurghat GRPS Case No.03 of 2025 dated 21.06.2025 under Sections 118(2)/109 of the Bharatiya Nyaya Sanhita, 2023 read with Section 4 of the Protection of Children from Sexual Offences Act. With about 11 months of custody undergone and only three of 23 witnesses examined, and after considering the statements of the victim and the train driver recorded by the learned Judicial Magistrate, the court found further detention unwarranted. Release ordered on a bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local) before the learned Special Judge (under POCSO Act)-cum-ADJ, 2nd Court, Balurghat, Dakshin Dinajpur, conditioned on the petitioner's presence before the trial court on every date and no departure from Dakshin Dinajpur district without prior permission of the special court.

D/L14

09.07.2026 Bpg.

Allowed

C.R.M. (M) 2822 of 2025

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In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Balurghat GRPS Case No.03 of 2025 dated 21.06.2025 under Sections 118(2)/109 of the Bharatiya Nyaya Sanhita, 2023 read with Section 4 of the Protection of Children from Sexual Offences Act;

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Arif Sarkar @ Arifuddin Molla Versus

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The State of West Bengal & Anr.

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Mr. Kaushik Choudhury

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Mr. Dwaipayan Panda. …for the petitioner.

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Mr. Rajendra Banerjee Mr. Bankim Pal. …for the State.

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Affidavit-of-service filed by the petitioner and report

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submitted by the State be kept with the record.

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Mr. Rajendra Banerjee, learned Additional Public Prosecutor along with Mr. Bankim Pal, learned advocate, appear on behalf of the State. Their appointment may be regularized by the concerned authorities.

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Learned advocate appearing for the petitioner submits that the petitioner is in custody for about 11 months and till date three witnesses has only been examined out of 23 witnesses. Learned advocate appearing for the State has produced the case diary.

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I have taken into account the statement of the victim as

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well as driver of the train which was recorded by the learned Judicial Magistrate. Having considered the same, I am of the opinion that further detention of the present petitioner is unwarranted. As such, the prayer for bail of the petitioner is allowed. The petitioner, namely, Arif Sarkar @ Arifuddin Molla shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned Special Judge (under POCSO Act)-cum-ADJ, 2^nd Court, Balurghat, Dakshin Dinajpur. If on bail, the petitioner shall be physically present on each and every date before the learned trial court and shall not leave the district of Dakshin Dinajpur without prior permission of the learned special court.

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Accordingly, CRM(M)2822 of 2025 is allowed.

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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.)

Arif Sarkar @ Arifuddin Molla v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Arif Sarkar @ Arifuddin Molla v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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