09.09.2025 Item no. 02 Court No.42 an (ALLOWED) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION C.R.M.(M) 1457 of 2025 In Re: An application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ratua P. S. Case No. 511 of 2025 dated 23.06.2025 (Special Case No. 62/2025) under Sections 6/8 of Protection of Children from Sexual Offences Act, 2012, now pending before the learned Judge, Special Court, Chanchal, Malda. In Re : Nasir @ Nasir Hossain …. Petitioner Mr. Joydeep Biswas, Mr. Koushik Ghosh Mrs. Shibani Agarwal …for the Petitioner Mr. Debabrata Bhattacharya, Mr. Rahul Ganguly …for the State 1. Service report filed by the State is taken on record. 2. Although on the last occasion, i.e. on 3rd September, 2025 submissions were made by Ms. Reshmi Khatun, learned counsel that she would file Vokalatnama on behalf of the de facto complainant, however, today when the matter was taken up, Mr. Wasim Akram, learned counsel informs the Court that though the Vokalatnama has been filed but upon instruction he recuses from making submissions. 3. Learned advocate for the petitioner submits that there was love relationship between the victim and the petitioner. On the alleged date, the victim called the petitioner. The F.I.R. was lodged by the father of the victim after the victim and the petitioner was caught by them. There are no such allegations of any penetrative sexual assault. The petitioner is in custody for two and half months. On completion of investigation, charge sheet has been submitted. He seeks for enlargement of the petitioner on bail. 4. Learned counsel representing the State opposes such prayer for bail and submits that there are specific allegations against the petitioner of his involvement in the alleged offences. He seeks dismissal of the bail application. 5. Despite service, none appears for the de facto complainant/victim. 6. Perused the case diary and the materials on record. 7. The victim in her statement has stated that she was touched by the petitioner and was assaulted. However, the victim has refused to undergo medical examination. The petitioner is in custody for two and half months and upon completion of investigation, charge sheet has been submitted. Considering the aforesaid, I am inclined to enlarge the petitioner on bail on stringent conditions. 8. Accordingly, the petitioner, namely, Nasir @ Nasir Hossain 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 learned Trial Court on each and every day of substantive hearing subject to the 2 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 victim, witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall report to the Inspector-in-Charge of Ratua Police Station once in a fortnight or until further orders. The petitioner shall not enter the territorial jurisdiction of Ratua Police Station except for the purpose of attending the Court proceedings and reporting to the Inspector-in-Charge of the Ratua 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 concerned police station under whose jurisdiction he shall presently reside. 9. 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. 10. It is made clear that the observation made hereinabove is only for the sake of disposal of this application. 11. Accordingly, the application for bail being CRM (M) 1457 of 2025 is disposed of. (Bivas Pattanayak, J.) 3