19.05.2025 Item No.8 Court No.39 ss (Allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION C.R.M.(M) 346 of 2025 In re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tamluk Police Station Case No.116/2025 dated 13.02.2025 under Sections 65(1)/351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the POCSO Act, 2012 but charge-sheet submitted under Section 126(2)/75 of the Bharatiya Nyaya Sanhita and Section 8 of the POCSO Act presently pending before the learned Additional Sessions Judge, 2nd Court cum Judge Special Court under POCSO Act, Tamluk. -And- In re : Haripada Maity … Petitioner [[ Mr. Amitabha Karmakar …for the petitioner Ms. Baisali Basu Mr. Tirthankar Dhali …for the State Status report filed by the State is taken on record. Learned Advocate for the petitioner submits that the petitioner has been falsely implicated in this case. There are previous civil litigations between the family of the victim and the petitioner. Upon completion of investigation, charge-sheet has been submitted under Section 126(2)/75 of the Bharatiya Nyaya Sanhita and Section 8 of the POCSO Act. The petitioner is in custody for 100 days. The victim has refused to undergo medical examination. He seeks for enlargement of the petitioner on bail. 2 Learned Advocate for the State, opposing such prayer for bail, submits that the victim in her statement implicates the petitioner. During the course of investigation another victim girl has also implicated the petitioner. Charge is yet to be framed in this proceeding. She seeks for dismissal of the bail application. Despite service, none appears on behalf of the de facto complainant. Perused the case diary and the materials on record. Though the victim implicates the petitioner, however, the veracity of such statement may be examined in trial. Upon completion of investigation, charge-sheet under Section 126(2)/75 of the Bharatiya Nyaya Sanhita and Section 8 of the POCSO Act has already been submitted. The petitioner is in custody for 100 days. Considering the above, I am inclined to grant bail to the petitioner on stringent conditions. Accordingly, the petitioner, namely, Haripada Maity be released on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand), with two sureties of like amount each, one of whom must be a local, to the satisfaction of the learned Special Judge (under POCSO Act) cum ADJ, 2nd Court, Tamluk. The petitioner shall appear before the trial court on each and every day of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973/Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall meet the Officer-in- Charge of Tamluk Police Station once in a fortnight, until further 3 orders. The petitioner shall not enter within the territorial jurisdiction of Tamluk Police Station except for the purpose of attending court proceedings and for reporting to the Officer-in- Charge of the concerned Police Station, until further orders. The petitioner shall furnish the address where he shall presently reside before the learned trial court, the investigating officer and the Officer-in-Charge of the police station under whose jurisdiction he shall presently reside. In the event the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. Accordingly, the application for bail being CRM (M) 346 of 2025 is disposed of. (Bivas Pattanayak, J.)