22.09.2025 Item no.6(DL) Court No.42 srm HIGH COURT AT CALCUTTA (Allowed) CRIMINAL MISCELLANEOUS JURISDICTION CRM (M) 1293 of 2025 In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 in connection with Saithia Police Station Case No. 297 of 2015 dated 15.08.2024 under Sections 417/376(2)(n)/506 of the Indian Penal Code, 1860, read with Section 4/6 of the Protection of Children from Sexual Offences Act, 2012 now pending before the learned Special (POCSO) Judge, Second Court, Suri, Birbhum. -And- In the matter of : Rahul Kisku …. Petitioner Mr. Sanjib Kumar Mukhopadhyay, Ms. Nargish Parveen, Md. Nasim Ali …for the Petitioner. , Mrs. Z. No. Khan, Mr. Sobhan Gani …for the State Mrs. Manasi Roy … for the de facto complainant 1. Learned Advocate for the petitioner submits that the victim and the petitioner had previous love affairs. There is delay of almost six months in lodging of the FIR. As per the victim, due to alleged sexual assault she became pregnant. A report on DNA profiling was asked for from the Central Forensic Science Laboratory. Such DNA report will clarify as to whether the petitioner is at all involved in the alleged offence. The petitioner is in custody since September, 2024 and already vulnerable witnesses have been examined. He seeks for enlargement of the petitioner on bail. 2 2. Opposing such prayer for bail, learned Advocate for the State submits that the victim consistently implicates this petitioner. Due to such sexual assault by the petitioner the victim became pregnant and she has delivered a child. The prosecution produces the copy of the DNA report which is taken on record. She seeks for dismissal of the bail application. 3. Learned advocate representing the victim submits that the victim intends to marry the petitioner. 4. Perused the case diary and the materials on record. 5. The victim in her statement before the Magistrate contends that she had previous acquaintance with the petitioner with whom she had physical relation resulting in her pregnancy. In her deposition in court, the victim stated that she accompanied the petitioner to a field where she was raped. Incidentally after six months it was found that she was pregnant. Be that as it may, upon perusal of the DNA report produced by the State, it is found that the Central Forensic Science Laboratory has opined that the petitioner is not the biological father of the male baby. The petitioner is in custody for almost a year. Considering the above, I am inclined to grant bail to the petitioner. 6. Accordingly, the petitioner 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 (POCSO) Judge, Second Court, Suri, Birbhum subject to the following stringent conditions: 3 (i) 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. (ii) The petitioner shall meet the Inspector-in-Charge of Sainthia Police Station once in a fortnight, until further orders. (iii) The petitioner shall not enter the jurisdiction of Sainthia Police Station except for the purpose of attending court proceedings and reporting to the Inspector-in-Charge of concerned police station. (iv) The petitioner shall furnish the address where he shall presently reside before the learned trial court, the investigating officer and the Inspector-in-Charge of the concerned police station under whose jurisdiction he shall presently reside. 7. 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. 8. It is made clear that the observation made hereinabove is only for the sake of disposal of this application. 9. Accordingly, the application for bail being CRM (M) 1293 of 2025 is disposed of. (Bivas Pattanayak, J.)