23.07.2026 Serial no. 246 [G.S.D] CRM (M) 1437 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Santipur PS Case No. 1535 of 2024 dated 30.11.2024 u/s 137(2) of the BNS, added section 64(2)(m) of the BNS, Section 6 of the POCSO Act. -And- In the matter of : Nayan Durlav … Petitioner(s) Ms. Minoti Gomes … for the Petitioner(s) Mr. L. Vishal Kumar Mr. Neel Chakraborty … for the State-respondent(s) Mr. Dhananjay Banerjee Mr. Mahiul Islam Mr. Partha Sarathi Misra … for the o.p. no.2 Learned advocate for the petitioner submits that there has been change of circumstances after the criminal case was registered and, presently, the victim has attained majority. Learned advocate for the defacto-complainant supports such contention advanced by the petitioner. Learned advocate for the State has produced the case diary. I have taken into account the statement under section 183 of the BNSS as also the medicolegal examination report. 2 Taking the same into consideration, I am of the view that the prayer advanced before this court cannot be acceded to, as such, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is Rejected. However, since there is change of circumstances, the learned trial court would, after the stage of consideration of charges, fix date for evidence of the victim as P.W.1 within a month from the date of communication of this order. Thereafter, after the evidence of the victim is over, the learned trial court if it feels that there has been change of circumstances because of the deposition of the victim in court, and, if any application for bail is preferred on behalf of the present petitioner, the learned trial court will not hesitate to release the petitioner non bail. Accordingly, CRM (M) 1437 of 2026 is disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Tirthankar Ghosh, J.) 3