29.07.2026 Serial no. 39 BP ( allowed) IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM (M) No. 178 of 2026 In re: An application for Bail under Section 439 of the Criminal Procedure Code, 1973/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with POCSO Case No. 47 of 2023 arising out of Ghoksadanga Police Station Case No. 324 of 2023 dated 30.06.2023 under Sections 363/365/325 of the Indian Penal Code, 1860, read with Section 6 of the POCSO Act, 2012. -And- In the matter of : Mahadeb Mandal @ Biplab Mandal @ Mahadeb Mondal @ Biplab Mondal … … Petitioner Mr. Bikash Singha Mr. Chandan Roy Mr. Abdul Habib … … For the Petitioner Mr. Avrojyoti Das, Ld. APP Mr. Gobinda Ghosh Ms. Rajyashree Ghosh … …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 alleged to have abducted the victim and committed rape upon her. He submits that such a case 2 made out in the first information report is out and out false. The victim was initially married to the petitioner. However, due to some disputes, the victim left her matrimonial house. It is also pointed out that the first information report has been lodged by the de-facto complainant after ten months of the alleged incident. He also submits that investigation of the case has ended in a chargesheet against the petitioner. The petitioner voluntarily surrendered before the learned jurisdictional court. It is also submitted that subsequently the victim has married again to some other person. He prays for bail. 3. Learned advocate appearing for the State refers to the materials in the case diary including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure as well as statement of the witnesses recorded under Section 161 of the Code of Criminal Procedure, 1973. Learned advocate for the State also refers to the medical examination report of the victim. It is submitted that the petitioner abducted the victim, kept her in confinement and committed rape upon her. The statements of the victim as well as that of the witnesses do corroborate such case made out by the prosecution. He opposes the prayer for bail. 3 4. Apparently, from the first information report, it transpires that the victim lodged the written complaint on June 30, 2023. Such written complaint itself discloses that the incident with the victim occurred ten months prior to the lodging of the first information report. There appears no explanation whatsoever in the written complaint as to the delay in lodging the first information report. The first information report also alleges that the petitioner kept the victim in confinement for several days. Thereafter, she managed to flee away from such confinement. The written complaint also discloses that the petitioner confined the victim at some place and thereafter the victim was taken to the house of the petitioner where she was kept under confinement for another four five days. There is no contemporaneous complaint by the victim after she managed to flee away 5. The first information report refers to another incident of abduction and rape upon the victim on June 22, 2023 which is about a week prior to the lodging of the first information report. There is no explanation of such delay of one week either. 6. I have gone through the materials in the case diary including the statement of the witnesses as well as the medical examination report of the victim. 4 7. The chargesheet has already been submitted in the case and thereafter the petitioner approached for anticipatory bail which was refused. Thereafter, the petitioner voluntarily surrendered before the jurisdictional court. He has been in custody for seventy days. 8. Considering the aforesaid facts and circumstances and also taking into account the unexplained delay in lodging the first information report, the stage of case and the period of detention already undergone by the petitioner after voluntarily surrendering before the jurisdictional court, I am inclined to enlarge the petitioner on bail. 9. 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 Judge, Special Court (under POCSO Act)- Cum Additional District Judge, Mathabhanga, Coochbehar 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. 10. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial 5 court to cancel the bail without further reference to this Court. 11. The prayer for bail of the petitioner is allowed. 12. CRM(M) 178 of 2026 is disposed of. (Md. Shabbar Rashidi, J.)