D/L10 28.07.2026 Bpg. Allowed C.R.M. (M) 1185 of 2026 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Malda Police Station Case No.544 dated September 17, 2023 under Sections 376AB/506 of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012; Nimai Mahanta @ Nimai Mahato Versus The State of West Bengal & Anr. Mr. Shounak Mondal. ...for the petitioner. Mr. Ranajoy Chatterjee Mr. Manoj Kumar Singh. …for the State. Dr. Achin Jana. …for the de facto complainant. Inadvertently in the order dated 21.07.2026 it has been typed as “CRM(M)1185 of 2025”. The same is incorrect and should be read as “CRM(M)1185 of 2026”. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 2 years 10 months and presently out of 17 witnesses, 5 witnesses have been examined by the prosecution. As there is less possibility of the trial being taken to its logical conclusion, the petitioner be released on bail. Learned advocate for the de facto complainant submits that there has been consistent version of the victim as well as the 2 other witness. The statement of the victim under Section 183 of the BNSS as well as her deposition before the court is consistent in nature. Additionally, the other witness has supported the prosecution case. So far as the defence case is concerned, there are merely certain suggestions which do not demolish the prosecution case. Learned advocate for the State has produced the case diary and also drew the attention of the Court to the relevant documents. I have taken into account the overall circumstances including the period of detention of the petitioner as well as the evidence of the doctor and the place of occurrence. Having considered the overall materials and without entering into the merits of the case and there is no possibility of the trial being taken to its logical conclusion, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Nimai Mahanta @ Nimai Mahato shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned CJM, Malda. If on bail, the petitioner shall be physically present on each and every date before the learned trial court and shall not leave the district of Malda without prior permission of the learned trial court. Additionally, the petitioner shall not enter the jurisdiction of Malda Police Station except for the purposes of attending court. The petitioner shall inform his address to the 3 jurisdictional court before his release and should make himself available as and when inspected pursuant to the direction of the learned trial court. With the aforesaid observations, CRM(M)1185 of 2026 is allowed. All parties shall act on the server copy of this order duly 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 of all requisite formalities. (Tirthankar Ghosh, J.)