20/07/2026 D/L – 445 Court No.35 S. Kundu C.R.M.(M) 1269 of 2026 In Re: An application for bail under Section 483 of the BNSS, 2023. In connection with Special Case no. 19 of 2024 arising out of Ketugram P.S Case no. 401 of 2024 dated 12.09.2024 under Sections 65 of the BNS and Sections 6/10/17/21 of the POCSO Act, 2013. In the matter of: XXX …Petitioner. Mr. Sabir Ahmed Mr. Dhiman Banerjee Mr. Quaziezaz Ahmed …for the petitioner. Mr. Abdul Aziz Mondal Mr. Sharman Sarkar …for the de-facto complainant. Mr. Pritam Roy …for the State. 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. Memo of evidence filed on behalf of the State is taken on record. 3. Learned advocate appearing for the petitioner submits that the petitioner is in custody for one year six months. Evidence of the vulnerable witnesses is over and in fact, the mother of the victim, who is the complainant, exonerated the present petitioner. 4. Learned advocate for the de-facto complainant is present and does not oppose the prayer for bail. 5. Learned advocate for the State has produced the case diary and referred to the statement of the victim under 2 Section 183 of the BNSS as well as the medical report. I have taken into account the evidence of the victim, which has been deposed before the learned Trial Court as also the mother of the victim. 6. Learned advocate for the petitioner has emphasized the certain evidence which would reflect that there was a marital dispute between the accused and the present victim. However, such suggestion was never forwarded to the victim, who has already been examined. If, there are change of circumstances as the deposition of the relevant victim is complete and in such cases sole testimony of the victim is sufficient to arrive by the Court of law at its conclusion. 7. I am of the opinion that unless and until further evidence is adduced from the victim. At this stage, it will not be possible to overcome the presumption under the Act. 8. Accordingly, I direct that if any application under Section 311 of the Code of Criminal Procedure is filed, the learned Trial Court considering the humanitarian grounds, would leniently consider the same. If there are change of circumstances pursuant to certain developments, which are evident before the learned Special Court, the learned Special Court would under those changed circumstances consider the prayer for bail in accordance with law. 9. At this stage, the prayer for bail of the petitioner is dismissed. 3 10. Accordingly, CRM (M) 1269 of 2026 is disposed of with the aforesaid directions. 11. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)