Calcutta High Court (Appellete Side)
Amit Sarder vs Unknown on 18 November, 2025
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
18.11.2025 Court No.35.
D/L. 53.
Rakib (Allowed) CRM (M) 1804 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Balagarh Police Station Case No. 18 of 2020 dated 01.02.2020 under Sections 363/365 of the Indian Penal Code adding Section 376(2) of the Indian Penal Code and Section 6 of the POCSO Act, 2012.
And In the matter of : Amit Sarder.
......Petitioner.
Mr. Parvej Anam Mr. Sourav Sardar ......for the Petitioner.
Ms. S. Afreen Ms. Madhumita Basak ......for the State.
Ms. Rituparna Ghosh ....for the de-facto complainant. Learned advocate appearing for the petitioners submits that the petitioner was arrested subsequently and since then he is in custody for about five months. It has been submitted that since the deposition of the victim girl is over petitioner may be released on bail.
Learned advocate for the State has produced the Case Diary and attention of the Court has also been drawn to the evidence of the victim girl.
On an assessment of the statement under Section 164 of the Code of Criminal Procedure of the victim girl as well as the evidence before the learned Special Court, I am of the opinion that further detention of the petitioner is unwarranted. Accordingly, the prayer for bail of the petitioner is allowed. 2 As such the petitioner namely, Amit Sarder shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand only), with two sureties of Rs. 10,000 (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Special Court under POCSO Act, Chinsurah, Hooghly.
If on bail, the petitioner shall be physically present on each and every date fixed by the learned trial Court. The petitioner shall meet with the Inspector-in-Charge of Balagarh Police Station once in a week until and unless modified by the learned Special Court.
Accordingly, CRM (M) 1804 of 2025 is allowed. Case Diary be returned to the learned advocate appearing for the State.
Report so submitted by the State be kept with the record.
All parties shall act in terms of server copy of the order 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.)