13.07.2026 Court No.35. M/L. 7. Kausik (Allowed) CRM (M) 2746 of 2025 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973/Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Berhampore Police Station Case No. 1217 of 2024 dated 20.08.2024 under Section 376(2)(n)/354/506/509 of the IPC and Section 6 of the POCSO Act. And In the matter of : Sribash Halder @ Sujoy @ Shildas Halder ……Petitioner. Ms. Minoti Gomes Mr. Jishan Iqbal Hossain …….for the petitioner. Mr. Rajendra Banerjee, Ld. APP Mr. Utsav Dutta ….for the State. Petitioner is in custody for more than 1 year and 9 months. Charges have been framed and the evidence of the witnesses have commenced. Learned advocate appearing for the petitioner has drawn the attention of the Court to the evidence of the victim. I have taken into account the examination-in-chief as well as well as the cross-examination. None of the documentary evidences were marked in evidence through the victim including the statement of the victim under Section 164 of the Cr.P.C. The case diary also do not reflect that, at the time of submission of the charge sheet, any digital materials were 2 collected or sent for forensic examination. This was important in view of the background of the case wherein there was accusation of circulation of obscene materials. Learned advocate for the State has opposed the prayer for bail but having considered the period of detention of the present petitioner and the fact that the deposition of the victim is over, I am of the view that further detention of the present petitioner is unwarranted in the facts and circumstances of the case. Accordingly, prayer for bail of the petitioner is allowed. Accordingly, Petitioner, namely, Sribash Halder @ Sujoy @ Shildas Halder shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each, one of whom must be local to the satisfaction of Learned Judge, Special Court, under NDPS Act, Berhampore, Murshidabad. If on bail, the petitioner shall be physically present on each and every date fixed before the learned Trial Court and shall not leave the jurisdiction of District of Murshidabad without the prior permission of the learned Special Court. Additionally, petitioner shall not enter the jurisdiction of Berhampore Police Station except for the purposes of attending the Court proceedings. With the aforesaid observations CRM (M) 2746 of 2025 is allowed. 3 Report submitted by the State in respect of service upon the defacto complainant/victim be kept with the record. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)