45. 10.01.2025 Court No.29 (Pritam) (Allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3904 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Krishnaganj Police Station Case No. 214/2024 dated 11.05.2024 under Sections 363/365/506/34/376 of the Indian Penal Code, 1860 and Sections 8/17 of the POCSO Act and Sections 9/10 of the Prohibition of Child Marriage Act, 2006. And In the matter of: - Sukanta Mondal. …petitioner. Mr. Ashok Das, Mr. Amanul Islam, Mr. Sourav Mukherjee …for the petitioner. Mr. Prabir Majumder, Mr. Debraj Shil …..for the de-facto. Mr. Rudradipta Nandy, Ld. APP., Mr. Subham Bhakat …for the State. Dictated by Arijit Banerjee, J. 1. Service report filed in court today be kept with the records. 2. The petitioner says that he has been falsely implicated. The victim girl on her own volition left her parental house with him. He is in custody for about 110 days. Investigation is complete. He prays for bail. 3. Opposing the prayer for bail, learned advocate for the de-facto complainant says that the petitioner took away his daughter to 2 the petitioner’s house. When the victim girl’s parents went to bring back the girl, they were abused by the petitioner’s mother and the girl was not handed over. 4. Learned State counsel draws our attention to the statement of the victim girl recorded under Section 164 Cr.P.C. There is no incriminating material against the present petitioner. On the contrary, she says that a conspiracy was being hatched to kill the petitioner and therefore, to save him, the victim girl took him away from the locality. The victim girl declined medical examination. 5. In the aforesaid facts and circumstances of the case, we find no justification in keeping the petitioner in custodial detention any further. 6. Accordingly, we allow the petitioner’s prayer for bail. 7. Accordingly, we direct that the petitioner, namely, Sukanta 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 learned Judge, Special (POCSO) Court, Krishnagar, Nadia. 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 the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall not leave the territorial jurisdiction of Krishnagar Police Station except for the purpose 3 of attending court proceedings, until further orders. The petitioner shall report/meet to the Officer-in-Charge/Inspector- in-Charge of Krishnagar Police Station once in every week, until further orders. 8. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this court. 9. The application for bail being CRM (DB) 3904 of 2024 is, thus, disposed of. 10. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 11. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)