41 12-02-2025 (ct. no. 29) KOLE Allowed CRM (DB) 118 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Bhagwangola Police Station Case No. 208 of 2024 dated 03.05.2024 under Sections 363/365/376(3) of the Indian Penal Code and Section 6 of the POCSO Act. - A n d - In the matter of : Rashid Miya .... Petitioner. Mr. Bani Israil, … For the Petitioner. Ms. Sayanti Santra, Mr. S. S. Saha, … For the State. Order dictated by Arijit Banerjee, J.: 1. The petitioner says that there was a long standing relationship between him and the victim girl. He is about 20 years of age. The victim girl is about 16 years of age. The girl left her parental house on her own and went to live with the petitioner in his parental house. They got married. They lived as husband and wife. Investigation is complete. He is in custody for 86 days. He prays for bail. 2. From the affidavit of service filed in court today, we find that the defacto complainant/victim girl has received notice of this bail application. However, nobody represents the victim girl. 3. Opposing the bail prayer, learned State Advocate draws our attention to the statement of the victim girl recorded under Section 164 of the Criminal Procedure Code. Prima facie, she completely corroborates the case of the petitioner. She clearly states that she lived with the petitioner as husband and wife. The medical report says nothing. 2 4. On an overall assessment of the material on record and considering that investigation is complete and charge sheet has been submitted, we are of the view that further custodial detention of the petitioner is not necessary. 5. Accordingly, we direct that the petitioner, namely, Rashid Miya, shall be released on bail upon furnishing a bond of Rs. 10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Special Judge under the POCSO Act, Lalbagh, Murahidabad subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall not leave the jurisdiction of the concerned police station and shall meet the O.C of the concerned police station once every fortnight until further orders. 6. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner’s bail in accordance with law without further reference to this court. 7. The application for bail is, accordingly, allowed. 8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )