19 20.08.2026 Court No.09. (S.Mandi) IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE CRM(M)/141/2026 In Re: - An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kharibari Police Station Case No.303 of 2023 dated 28.10.2023 under Section 376(D) of Indian Penal Code read with Section 6/17 of POCSO Act. - And - In the matter of: - SITAM XALXO ..…petitioner. Mr. Subham Ghosh, Adv. Mr. Hasanur Rahaman, Adv. …for the petitioner. Mr. Avrojyoti Das, Ld. APP. Ms. Panchali Deb Sikder (Nag), Sr. Govt. Adv. Ms. Baishali Chakrabarty, Adv. ….for the State 1. Learned Counsel for the petitioner has submitted that the petitioner is standing on the same footing with one Rabel Ray @ Robel Roy @ Potol who was granted bail by this Court on his 401 days of custody. This petitioner is in custody for about 1030 days. The medical report does not support the prosecution. It appears from the medical report that there was no injury sustained by the victim even the allegation was that she was ravished by two accused. After completion of 7 charge-sheet witnesses, the prosecution has again prayed for recalling of 6 witnesses in the Trial Court. Therefore, there is no chance of an early conclusion of the trial. 2. Learned Counsel for the State opposes the prayer for bail vehemently. According to her, there are sufficient incriminating 2 materials against the present petitioner. The occurrence took place on 18th October, 2023 and the medical examination was done on 28th October, 2023 and the FIR was also lodged on 28th October, 2023. In view of such delayed FIR, the medical examination report loses its significance. As the victim’s substantive evidence is pointing towards the guilt of the present petitioner and the victim was hospitalized for 6 days, the prayer for bail should be rejected. 3. I have gone through the materials on record. I finds merits in the submission of the learned Counsel for the petitioner that one Rabel Ray @ Robel Roy @ Potol who also allegedly committed rape upon the victim was enlarged on bail after his 401 days of custody on the ground that there was no chance of an early completion of the trial. In this case the petitioner is in custody for more than 1030 days. Moreover, from the record it transpires that Rabel Ray @ Robel Roy @ Potol was not a minor and the same was inadvertently recorded in order dated 13th May, 2024. It further appears that after examination of 7 witnesses was over, the prosecution has again prayed for re-calling of 6 prosecution witnesses. It appears that it is anybody’s guess that when the trial would be concluded. In view of the above, I am inclined to allow the prayer for bail of the petitioner. 4. Accordingly, the prayer of the petitioner for bail is allowed on the following conditions:- a) The petitioner, namely, Sitam Xalxo, shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of Rs.5,000/- (Rupees Five Thousand) each, one of whom must be local, to the 3 satisfaction of Learned Additional Special Judge (POCSO ACT), (1st Court), Siliguri. b) The petitioner shall appear before the learned Trial Court on each and every date of hearing and/or as and when to be directed by the Court. c) The petitioner shall not intimate or threaten the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit any cognizable offence in any manner whatsoever. d) The petitioner shall remain within the geographical limits of the District Darjeeling, but shall not enter the Kharibari Police Station jurisdiction except for the purpose of attending Court proceedings. The petitioner shall inform his current local address where he will be residing while on bail to the jurisdictional police station and the learned Trial Court and shall meet the I/C of jurisdictional police station where he will be residing now once in a week, until further orders. 5. In the event, the petitioner fails to adhere to any of the conditions stipulated above, the Trial Court shall be at liberty to cancel the bail in accordance with law. 6. The application for bail is, thus, allowed. 7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Apurba Sinha Ray, J.)