Kolkata: In a significant decision highlighting the judiciary’s consideration of age and detention period, the Calcutta High Court on Wednesday granted conditional bail to an 80-year-old man accused of raping a minor. The court took into account the accused’s advanced age and the fact that he had been detained for more than five months since his arrest in June this year.
Background of the Case
The case was registered at Murutia police station in West Bengal’s Nadia district in June 2025. The accused, whose identity has not been publicly disclosed, faced allegations under Section 65 and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
According to the FIR, the minor victim accused the petitioner of sexual assault, following which the police initiated investigation and eventually arrested the elderly man.
Bail Consideration by the Court
Justice Tirthankar Ghosh, presiding over the case, granted bail considering the petitioner’s advanced age and the extended period of pre-trial detention. The accused has reportedly been in custody for over five months without charge framing, as the trial court has yet to specify under which sections of law he will be tried.
The petitioner’s lawyer argued before the court that the accused had been falsely implicated and emphasized that the prosecution intends to examine 16 witnesses, indicating that the trial is likely to take significant time to conclude.
Justice Ghosh observed that while the allegations are serious, the age of the accused and the prolonged detention warranted a reconsideration of continued custody.
Conditions Imposed for Bail
The High Court granted bail under specific conditions to ensure compliance with legal requirements and safeguard the trial process:
- The petitioner is required to furnish a bond of ₹20,000.
- He must provide two sureties of ₹10,000 each, one of whom must be a local resident.
- The accused must be physically present on all dates fixed by the trial court.
- He is prohibited from leaving the jurisdiction of Nadia district without prior permission from the court.
These conditions are intended to balance the rights of the accused with the interests of the prosecution and the judicial process.
Opposition by the State
The advocate representing the State of West Bengal opposed the bail application, citing the serious nature of the charges. The state highlighted:
- The statement of the victim recorded before a magistrate.
- Medical documents supporting the allegations.
Despite the prosecution’s objections, the High Court maintained that the petitioner’s advanced age and lengthy pre-trial detention were compelling grounds for release under strict bail conditions.
Legal Context
This decision underscores several legal principles applied in Indian courts:
- Consideration of Age and Health: Courts often weigh the physical and mental condition of elderly or infirm accused when considering bail.
- Prolonged Pre-Trial Detention: Extended custody without framing of charges can constitute grounds for bail, especially when trials are expected to take time.
- Balancing Rights: The judiciary aims to balance the rights of the accused with the interests of justice and protection of victims, imposing conditions that ensure accountability while allowing release.
The case is expected to proceed with trial under the POCSO Act, with the petitioner’s presence ensured as per the conditions set by the court.
Implications
While bail for serious crimes against minors can be controversial, this judgment reflects the judicial discretion exercised in special circumstances, particularly for elderly accused who face prolonged detention. It also highlights the importance of timely charge framing, which can prevent unnecessary delays in the criminal justice process.
The trial will now continue, with the petitioner under strict court-imposed conditions, ensuring that the legal process proceeds without compromising either justice for the victim or fundamental rights of the accused.
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