28.07.2025 Item no.11(DL) Court No.42 srm HIGH COURT AT CALCUTTA (Allowed) CRIMINAL MISCELLANEOUS JURISDICTION C.R.M.(M) 1124 of 2025 In Re:- An application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chanchal Police Station Case No.546 of 2025 dated 07.05.2025 under Sections 115(2)/137(2)/140(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 subsequently charge sheet has been submitted on 03.07.2025 under Sections 137(2)/140(3)/115(2) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 04/17 of Protection of Children from Sexual Offences Act, 2012 pending before the learned Judge, Special Court, Chanchal, Malda. And In Re : Juel @ Juyel Ali …. Petitioner Mr. Bibaswan Bhattacharya, Ms. Jenifar Alam Megha ..… for the Petitioner Ms. Zareen N. Khan, Ms. Puspita Saha … for the State Mr. Kunal Ganguly …for the de facto complainant. Affidavit-of-service filed on behalf of the petitioner is taken on record. Learned Advocate for the petitioner submits that the petitioner and the victim had previous love affairs. The victim left her house out of her own accord. The mother of the victim did not accept the relationship and has falsely implicated the petitioner. The victim has refused to undergo medical examination. The petitioner is in custody for 80 days and upon completion of investigation charge sheet has already been submitted. He seeks for enlargement of the petitioner on bail. 2 Opposing such prayer for bail, learned Advocate for the State submits that the victim was recovered from the house of the petitioner. She seeks for dismissal of the bail application. Learned Advocate for the de facto complainant concedes that the victim and the petitioner were in relationship. However, he opposes the prayer for bail. Perused the case diary and the materials on record. The victim in her statement implicates the petitioner. Be that as it may, the statement shows that the victim had previous relationship with the petitioner which is also conceded by the learned Advocate representing the de facto complainant. The victim has refused to undergo medical examination. The petitioner is in custody for 80 days and upon completion of investigation charge sheet has already been submitted. Considering the above, I am inclined to grant bail to the petitioner on stringent conditions. Accordingly, the petitioner, namely, Juel @ Juyel Ali 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 Judge, Special Court under POCSO Act, Chanchal, Malda. The petitioner shall appear before the learned 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 Chanchal Police Station once in a fortnight, until 3 further orders. The petitioner shall not enter within the territorial jurisdiction of Chanchal 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. It is made clear that the observation made hereinabove is only for the sake of disposal of this application. Accordingly, the application for bail being CRM (M) 1124 of 2025 is disposed of. (Bivas Pattanayak, J.)