30. 10.01.2025 Court No.29 (Tanmoy) Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3824 of 2024 In Re: - An application for bail under 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Raghunathganj Police Station Case No. 954/2023 dated 17.11.2023 under Sections 363/365/34 of the Indian Penal Code, 1860. And In the matter of: - Dwipjwal Mondal …petitioner. Mr. Ayan Bhattacharya, Ld. Sr. Adv. Mr. Kunal Ganguly …for the petitioner. Mr. S.S. Imam, Sr. Govt. Adv. Mr. Rajesh Jana …for the State. Ms. Trina Mitra …for the de facto complainant (through High Court Legal Aid) Dictated by Apurba Sinha Ray, J. 1. Learned Counsel for the petitioner submits that the petitioner is in custody for about one year. The deposition of the victim girl has been recorded before the learned Trial Court wherein she has specifically deposed that she did not have any co- habitation with the accused/petitioner. As the evidence of the victim girl did not support the prosecution case, learned Counsel prays for bail of the petitioner. 2. Learned Counsel for the de facto complainant/victim has raised strong objection. 3. Learned Counsel for the State submits that the petitioner forcibly put vermillion on the forehead of the victim girl. Signed By : TANMOY GHOSH High Court of Calcutta 10 th of January 2025 05:25:38 PM 2 There are 17 charge-sheet named witnesses, out of which three witnesses have already been examined. There are sufficient incriminating materials against the present petitioner and as such, he prays for rejection of the petitioner’s prayer for bail. 4. We have considered the materials on record. It appears that in the examination-of-chief the victim did not specifically implicate the present petitioner. Further, in her cross- examination, she has submitted that she did not have any co-habitation with the petitioner. We find prima facie there is no scope for application of Section 6 of Protection of Children from Sexual Offences (POCSO) Act, 2012. 5. In view of the aforesaid, we are inclined to allow the prayer for bail of the present petitioner on certain conditions. 6. Accordingly, we direct that the petitioner, namely, Dwipjwal Mondal shall 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 local, to the satisfaction of the learned Judge, Special Court, Jangipur, Murshidabad, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioner, while on bail, shall not enter the jurisdiction of Raghunathganj Signed By : TANMOY GHOSH High Court of Calcutta 10 th of January 2025 05:25:38 PM 3 Police Station excepting for the purpose of attending Court proceedings and shall furnish his present address to the Inspector-in-Charge/Officer-in-Charge of Raghunathganj Police Station and shall also meet the Inspector-in- Charge/Officer-in-Charge of the jurisdictional Police Station within whose jurisdiction he shall presently reside, once in every week, until further orders. 7. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. 8. The application for bail being CRM (DB) 3824 of 2024 is accordingly disposed of. 9. Criminal Section is directed to supply urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By : TANMOY GHOSH High Court of Calcutta 10 th of January 2025 05:25:38 PM