22.07.2026 Serial no. 28 BP ( allowed) IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM (M) No. 202 of 2026 In re: An application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita,2023 in connection with PTN Case No. 09 of 2026 arising out of Dhupguri Police Station Case No. 410 of 2025 dated 17.11.2025 under Section 85/117(2)/109(1)/303(2) of the Bharatiya Nyaya Sanhita, 2023 read with section 3 / 4 of the Dowry Prohibition Act and Charge Sheet No.41 of 2026 dated 24.02.2026 submitted under Section 6 of the Protection of Children from Sexual Offences Act, 2012 read with section 85/115(2) of the Bharatiya Nyaya Sanhita, 2023 adding section 3 /4 of the Dowry Prohibition Act and Section 9/10 of Child Marriage Act. -And- In the matter of : Sahajan Ali … … Petitioner Mr. Anirban Banerjee Mr. Samir Das … … For the Petitioner Ms. Rishita Chakraborty ..for the de-facto complainant Mr. Avrojyoti Das, Ld. APP Mr. Gobinda Ghosh Mr. Rajdeep Das … …For the State 1. The bail prayer of the petitioner is taken up for consideration. 2. It is submitted by the learned advocate for the petitioner that the petitioner is a resident of the locality where the victim resides. The petitioner had married to the victim and the said marriage was an arranged marriage. It is further 2 submitted that the petitioner and victim has a child out of their wedlock who is presently aged about one year four months. It is submitted that initially, the case was instituted by the victim complaining torture against the petitioner. Subsequently upon investigation, chargesheet under Section 6 of the POCSO Act was submitted against the petitioner. 3. According to the learned advocate for the petitioner, there is no allegation of forceful sexual assault upon the victim. Learned advocate for the petitioner prays for release of the petitioner on bail. 4. Learned advocate for the State refers to the materials in the case diary including the injury report as well as the statement of the victim recorded under Section 183 of the BNSS. 5. Having heard the submissions made on behalf of learned advocate for the parties and on perusal of the materials in the case diary, it appears that initially Dhupguri P.S. Case No. 410 of 2025 dated November 17, 2025 under Sections 85/117(2)/109(1)/303(2) of BNS read with Section 3 /4 of Dowry Prohibition Act was started against the petitioner at the complaint lodged by the victim. Later on, upon conclusion of investigation, charge sheet under Section 6 of the POCSO Act was submitted against the petitioner. 3 6. I have also gone through the statement of the victim recorded under Section 183 of the BNSS. From the materials on record and the charge sheet, it transpires that the victim was aged over 17 years at the time of incident whereas the petitioner is aged about 21 years. Their marriage was being solemnized by the parents and family members of both the petitioner and the victim. The petitioner happens to be the college student. 7. In view of the aforesaid facts and circumstances and taking into consideration the tender age of the petitioner and the nature of allegations including other attending circumstances, I am inclined to enlarge the petitioner on bail. 8. Accordingly, I direct that the petitioner shall be released on bail upon furnishing a bond of Rs.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 Additional Sessions Judge (under POCSO Act) 2nd Court, Jalpaiguri, 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. 4 9. 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. 10. The prayer for bail of the petitioner is allowed. 11. CRM(M) 202 of 2026 is disposed of. (Md. Shabbar Rashidi, J.)