03.09.2025 Item no.5 Court No.42 ss HIGH COURT AT CALCUTTA (Allowed) CRIMINAL MISCELLANEOUS JURISDICTION CRM (M) 1447 of 2025 In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pukhuria P.S. Case No. 567 of 2024 dated 01.10.2024 under Sections 4/18/12/17 of the POCSO Act read with Section 509 of the Indian Penal Code, now pending before the learned Judge, Special Court, Chanchal, Malda. In Re : Dilwar Hossain @ Dilwar Ahasan @ Dilwar Ahsan …. Petitioner Mr. Milon Mukherjee, Sr. Adv. Mr. Usof Ali Dewan, Mr. Arup Sarkar Mr. Asif Dewan, Ms. Shibani Agarwal …for the Petitioner Mr. Koushik Kundu, Ms. Pallavi Priyadarshee …for the State 1. Service report filed by the State is taken on record. 2. Learned Senior Advocate appearing for the petitioner at the very outset submits that as per FIR the occurrence dates back to September, 2021. The FIR has been lodged after a lapse of three years. In the interregnum, there is no such complaint by the victim alleging of any sexual assault by the petitioner. As per Section 19 of the POCSO Act – ‘Reporting of offences’ any person (including the child) who has apprehension that an offence under the Act is likely to be committed or has knowledge that such offence has been committed should report to the police authority. The victim in the instant case did not report of the 2 incident instantly which raises suspicion in her version. The victim used to take tuition from the petitioner and she fell in love with him. Some photographs of the victim were taken by the petitioner, which was subsequently deleted in the year 2022. The victim refused to undergo medical examination. The petitioner is in custody for four months and upon completion of investigation charge sheet has already been submitted in this case. He seeks for enlargement of the petitioner on bail. 3. Learned Advocate for the State, opposing such prayer for bail, submits that the victim in her statement before the Magistrate implicates this petitioner of his involvement in the alleged offence. The statement of the victim is supported by other witnesses. He seeks for dismissal of the bail application. 4. Despite service none appears on behalf of the de facto complainant. 5. Perused the case diary and the materials on record. 6. The victim in her statement states that she was touched by the petitioner, who used to give tuition classes to her. From the statement of other witnesses, it is found that certain photographs of the victim have been deleted. Be that as it may, no offence under Information Technology Act has been made out. The victim as per FIR states of the fact which dates back to the year 2021. In between the said period and the date of complaint, neither the fact was disclosed to any authority nor any complaint lodged. The victim refused to undergo medical examination. The petitioner is in custody for four months and upon completion of investigation, charge-sheet has been 3 submitted in this case. Considering the above, I am inclined to grant bail to the petitioner on stringent conditions. 7. Accordingly, the petitioner, namely, Dilwar Hossain @ Dilwar Ahasan @ Dilwar Ahsan, 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, Chanchal, Malda. 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 Inspector-in-Charge of Pukhuria Police Station once in a fortnight, until further orders. The petitioner shall not enter the jurisdiction of Pukhuria Police Station except for the purpose of attending court proceedings and reporting to the Inspector-in- Charge of concerned police station. 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. 8. 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. 9. It is made clear that the observation made hereinabove is only for the sake of disposal of this application. 4 10. Accordingly, the application for bail being CRM (M) 1447 of 2025 is disposed of. (Bivas Pattanayak, J.)