IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri 31.01.2025. 17. as (Allowed) C.R.M. (DB) 714 of 2024 with CRAN 1 of 2025 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Banarhat P.S. Case No.114 of 2023 dated 10.05.2023 under Sections 376D/354C of the Indian Penal Code read with Section 6 of the POCSO Act. In the matter of : Amit Lohar @ Sundru. … Petitioner. Mr. Arijit Ghosh, Ms. Angana Rakshit. ...for the Petitioner. Mr. Aditi Shankar Chakraborty, Ld. A.P.P., Mr. Biswarup Roy. …for the State. Mr. Anirban Banerjee, Ms. Rishita Chakraborty. ….for the de-facto complainant. Re: CRAN 1 of 2025. 1. Having considered the averments made in the application being CRAN 1 of 2025, order dated 03.01.2025 is recalled. The application is restored to its original file and number. 2. Application being CRAN 1 of 2025 is disposed of. Re: CRM (A) 714 of 2024. 3. Petitioner is in custody for more than 600 days. It is contended there is inordinate delay in lodging First 2 Information Report. Vulnerable witnesses have been examined. Accordingly, he prays for bail. 4. Learned Advocate for the State and the de-facto complainant oppose the prayer for bail. 5. We have considered the materials on record. Vulnerable witnesses have been examined. There is delay in lodging First Information Report. Credibility of the allegation of rape has to be assessed in light of the aforesaid circumstances during trial. Petitioner is in custody for a considerable period. 6. Accordingly, the petitioner viz., Amit Lohar @ Sundru 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 Judge, Special Court under POCSO Act (2nd Court) at Jalpaiguri 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. 7. In the event the petitioner fails to appear before the trial court 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. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)