20 20.08.2026 Court No.09. (S.Mandi) IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE CRM(M)/228/2026 In Re: - An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kalimpong Women Police Station Case No.16 of 2025 dated 12.05.2025 under Section 10 of the Protection of Children from Sexual Offences Act, 2012 read with Sections 115(2)/351(2) of Bharatiya Nyaya Sanhita, 2023. - And - In the matter of: - KEDAR SUNAM ..…petitioner. Mr. Aniruddha Biswas, Adv. Ms. Kanak Mishra, Adv. Mr. Manoj Saha, Adv. …for the petitioner. Ms. Panchali Deb Sikder (Nag), Sr. Govt. Adv. Ms. Smita Sinha Mitra, Adv. Mr. Arko Sarkar, Adv. ….for the State 1. Learned Counsel for the petitioner has submitted that the petitioner is in custody for about 13 months. No penetrative sexual assault was done. Almost 5 witnesses have been examined. There is no chance of the present petitioner to flee away from the course of the justice, if he is enlarged on bail. He is aged about 57 years and had under gone a surgery just before the alleged occurrence of incident. 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. She has also submitted that 5 witnesses have been examined out of 18 witnesses. 3. It appears from the record that the petitioner did not commit any penetrative sexual assault. He is in custody for about 13 months. 5 witnesses have been examined out of 18 witnesses. It is now anybody’s guess when the trial would be concluded. Considering his period of detention and the gravity of the allegation, 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, KEDAR SUNAM, 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 satisfaction of Learned Special Court (POCSO), Kalimpong. 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 intimidate 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 Kalimpong, but shall not enter the Kalimpong 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 3 shall meet the I/C of jurisdictional police station where he will be residing now once in a fortnight, 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.)