38. 10.03.2025 Court No.29 (Tanmoy) Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 473 of 2025 In Re: - An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Kalna Police Station Case No. 1115/2024 dated 21.9.2024 under Sections 137(2)/140(3) of the Bharatiya Nyaya Sanhita, 2023 read with Section 6 of POCSO Act, 2012. Special Case No.34/2024. And In the matter of: - BISWAJIT SEN …petitioner. Mr. Navanil De Mr. Srinjan Ghosh …for the petitioner. Ms. Shaila Afrin Ms. Pallavi Priyadarshee …for the State. Dictated by Prasenjit Biswas, J. 1. Service report filed by the State be kept with the records. 2. In spite of service, nobody appears for the de facto complainant/victim. 3. The petitioner says that he is in custody for 169 days. After completion of investigation charge sheet has already been filed by the prosecuting agency. There was love relationship between this petitioner and the victim but it was not accepted by the parents of the victim. As a result of which, the victim fled away and an outburst of such incident, the mother of the victim lodged complaint against the present petitioner including other accused persons. This petitioner is absolutely innocent and has been falsely implicated in the present case. 2 4. Learned Advocate for the State raises objection by submitting that there are sufficient incriminating materials gathered in the case diary by the Investigating Agency which show about prima facie involvement of the accused petitioner with the alleged offence. Attention of this Court is drawn to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, 1973 (183 of the Bharatiya Nagarik Suraksha Sanhita, 2023) as well as to her medical examination report. Offence involved in this case is serious in nature. So, she prays for rejection of the prayer of bail filed by this petitioner. 5. Perused the materials on record. We have gone though the statement of the victim recorded under Section 164 of the Code of Criminal Procedure including her medical examination report. Investigation process is over. This accused petitioner is languishing behind the bar for a considerable period of time. As the investigation process has already been completed, so, there is no need for further detention of this accused petitioner behind the bar for sake of custodial interrogation. We are inclined to enlarge the accused petitioner on bail. 6. Accordingly, we direct that the petitioner, namely, BISWAJIT SEN 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 under POCSO Act, Kalna, Purba Bardhaman, 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 3 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 stay outside the jurisdictional Police Station where the victim resides and shall furnish his present address to the Inspector-in- Charge/Officer-in-Charge of the concerned Police Station as well as the learned Trial Court and shall report to the Inspector-in- Charge/Officer-in-Charge of the concerned Police Station, within whose jurisdiction he shall be presently residing, once in a 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) 473 of 2025 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.) (Prasenjit Biswas, J.)