21.07.2026 Serial no. 49 (Bail allowed) (S. A. ) Calcutta High Court In The Circuit Bench at Jalpaiguri CRM (M) 123 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973, as amended under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bagdogra Police Station Case No. 48 of 2026 dated 27/01/2026 under Section 6 of the POCSO Act, 2012. -And- In the matter of : Md. Chutu @ Md Chotun … … Petitioner Mr. Taiab Sahadat, Advocate … … For the Petitioner Mr. Abhishek Singh, Advocate … … For the Victim Mr. Avrojyoti Das, Ld. App. Mr. Uday Bhattacharjee, Advocate Mr. Rajdeep Das, Advocate … …For the State 1. Petitioner prays for bail. 2. The petition is taken up for consideration. The case has been registered against the petitioner under Section 6 of the POCSO Act. It is submitted that the petitioner has been under custody for 165 days. It is submitted that the petitioner and the victim were in a relationship and were living together as husband- wife. The petitioner is presently carrying. 3. It is submitted by the learned Advocate for the petitioner that the families of the petitioner and the victim have settled that the petitioner and victim would marry. The petitioner prays for bail. 2 4. Learned Advocate for the State submits that the case was instituted on the basis of a report by a Medical Officer when the victim want for her medical examination on January 27, 2026. At that time, the petitioner was carrying said to be fathered by the petitioner. Learned Advocate for the State also submits that the petitioner was aged about 17 years at the time of incident. 5. Learned Advocate appearing for the de facto complainant also submits that the two families have agreed for marriage between the petitioner and the victim. 6. Having heard the rival contentions and upon going through the materials in the case diary including the statement of the victim recorded under Section 183 of BNSS, it transpires that the petitioner has been charged with the sexual assault upon the victim, a minor. As evident from the case diary, the victim is aged above 17 years. The petitioner is also aged about 22 years. From the materials of the CD including the statement of the Victim Girl recorded under Section 183 of BNSS, it appears that the petitioner was in a relationship with the victim. They were the residents of the same locality. The investigation of the case has ended in a charge- sheet. Charges are yet to be framed. 7. Considering the aforesaid facts and circumstances of the case, age of the petitioner and his future prospects, I am inclined to grant interim bail till 31st August, 2026. 8. Accordingly, I direct that the petitioner shall be released on interim bail upon furnishing a bond of Rs. 3 10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Special Judge (POCSO Act), 1st Court, Siliguri-in-charge, subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever. 9. The interim bail shall continue till August 31, 2026 or until further orders, whichever is earlier. 10. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court. 11. Accordingly, bail prayer of the petitioner is allowed. 12. CRM (M) 123 of 2026 is, thus, disposed of. (Md. Shabbar Rashidi, J.)