10.07.2026 Court No.35. D/L.24. Rakib (Rejected) CRM (M) 2855 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sagarpara Police Station case no. 306 of 2024 dated 04.08.2024 under Sections 126(6)/115(2)/70(2)/79/351(2)/61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the POCSO Act, 2012. And In the matter of : Atahar Sk @ Atahar Mondal ……Petitioner. Mr. Santanu Talukdar Mr. Amanul Islam Mr. Sourav Mukherjee .....for the Petitioner. Mr. Gouranga Kr. Das, Ld. APP Mr. Amal Kumar Datta ……for the State. Report and memo of evidence submitted by the State be kept with the record. Learned advocate appearing for the petitioner submits that petitioner is in custody for more than one year ten months. The petitioner is innocent of the charges and has been falsely implicated in connection with the instant case. It has further been contended that the deposition of the victim is completely different from a earlier version which was recorded by the learned Judicial Magistrate. Learned advocate appearing for the State on the other hand opposes the prayer for bail and draws the attention of the Court to the statement of the victim as well as the other attending materials including the statement of the other witness who was accompany her. 2 Having considered the manner in which the alleged offence has been committed and the victim ravished, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner in CRM (M) 2855 of 2025 is dismissed. However, this will not prevent the learned Special Court to consider fresh prayer for bail, in case change of materials which have changed the course of merits of the proceedings. 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.)