4 14.08.2026 Court No.09. (D.Hira) (Allowed) IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE CRM (M) 173 of 2026 In Re: - An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 arising out of New Jalpaiguri Police Station Case No. 114 of 2026 dated 20.02.2026 under Section 64(2)(k) of the Bharatiya Nyaya Sanhita, 2023. - And - In the matter of: - Mohammad Majnu @ (Md). Mohammad Majnu. … petitioner. Mr. Nilay Chakraborty, Ms. Angana Rakshit, Ms. Avisikta Das. …for the petitioner. Mr. Saikat Chatterjee, Ms. Purbasha Sarkar, Mr. Tathagata Banerjee. … for the defacto complainant Mr. Avrojyoti Das, ld. APP., Mr. Gobinda Ghosh, Ms. Rajyashree Ghosh. … for the State 1. Learned counsel for the petitioner has submitted that the petitioner is in custody for about 180 days. The investigation is complete. The FIR shows that the same was written by an expert with all the provisions of law. 2. The petitioner has been falsely implicated since the parties are neighbors. Charge is yet to be framed. FIR was lodged after a 2 delay of 26 days and there is no explanation to that effect in the FIR. 3. Learned counsel for the defacto complainant and the learned counsel for the State have submitted that this is a fit case where the bail should not be granted. The victim was suffering from certain disability and that was the sole reason for lodging the FIR with a delay of 25/26 days but that does not diminish the gravity of the offence. 4. Learned counsel for the State has also placed the statement of the victim recorded under Section 164 of the Code of Criminal Procedure before the Court. 5. I have gone through the materials on record. It is true that there was a delay in lodging the FIR but that has been sufficiently explained in the FIR. The medical report does not support the prosecution case in view of the fact that the medical examination was done after one month of the incident. 6. However, it appears that the investigation of the case is complete and the medical report shows that there was no injury in the private parts of the victim apart from a tear in hymen. 7. Considering the fact that the investigation is complete, there is no need for further detention of the petitioner in the custody provided that he complies with the conditions as hereinbelow mentioned. 8. In view of the above, the prayer of the petitioner for bail is allowed on the following conditions: a) The petitioner, namely, Mohammad Majnu @ (Md) Mohammad Majnu, shall be released on bail upon furnishing bond of 3 Rs.20,000/- (Rupees Twenty Thousand), with two sureties of Rs.10,000/- (Rupees Ten Thousand) each, one of whom must be local to the subject to the satisfaction of learned Chief Judicial Magistrate, Jalpaiguri. b) The petitioner shall remain within the geographical limits of District Jalpaiguri but shall not enter the jurisdiction of New Jalpaiguri Police Station, excepting for the purpose of attending the Court. c) 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. d) 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. e) He shall inform his current local address to the learned Trial Court and the concerned I.O. of this case. f) The petitioner shall meet the I.C. of the concerned local jurisdictional police station, once in every week, until further orders. 9. 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. 10. The application for bail is, thus, allowed. 11. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 4 12. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Apurba Sinha Ray, J.)