27 28-03-2025 (ct. no. 29) KOLE Allowed CRM (DB) 789 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Gangajal Ghati Police Station Case No. 27 of 2024 dated 08.03.2024 under Section 376(2)(n) of the Indian Penal Code and Section 6 of the POCSO Act. - A n d - In the matter of : Kushamoy @ Gobra Goswami .... Petitioner. Mr. Soumik Ganguli, … For the Petitioner. Mr. Avishek Sinha, Mr. S. S. Saha, … For the State. Order dictated by Arijit Banerjee, J.: 1. The petitioner says that he is in custody for one year ten days. He has been falsely implicated. He prays for bail. 2. Service report filed by the State be kept with the records. 3. In spite of service nobody appears for the defacto complainant/victim. 4. Learned State Advocate in his usual fairness, which we always appreciate, places the DNA report before us. The report excludes the petitioner as the biological father of the child to whom the victim gave birth allegedly as a result of being ravished by the petitioner. 5. Accordingly, we direct that the petitioner, namely, Kushamoy @ Gobra Goswami, shall be released on bail upon furnishing a bond of Rs. 10,000/-, with two registered sureties of like amount each, to the satisfaction of the Learned Judge under the POCSO Act, Bankura subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any 2 manner whatsoever and on further condition that the petitioner while on bail shall remain within the jurisdiction of the concerned police station except for the purpose of attending court proceedings and shall meet the I.C/O.C. of the said police station once in a fortnight until further orders. 6. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner’s bail in accordance with law without further reference to this court. 7. The application for bail is, accordingly, allowed. 8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )