31.08.2026 Court No.35. D/L.268. Rakib (Allowed) CRM (M) 1639 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Baishnabnagar Police Station case no. 308 of 2026 dated 02.04.2026 under Section 75/76/77 of the Bharatiya Nyaya Sanhita, 2023 and Sections 6 of the POCSO Act, 2012. And In the matter of : Santosh Sarkar ……Petitioner. Mr. Bibaswan Bhattacharya Mr. Sourat Nandy Mr. Supriyo Shasmal Mr. Poonnug Roy .....for the Petitioner. Mr. Brajesh Jha, Ld. APP Ms. Ananya Chakraborty ……for the State. Affidavit-of-service filed by the petitioner be kept with the record. Learned advocate appearing for the petitioner submits that petitioner is in custody for more than four months. Copies have been supplied, however, charges are yet to be framed. Learned advocate appearing for the State opposes the prayer for bail and draws the attention of the Court to the statement of the victim under Section 183 of the BNSS. I have taken into account the statement and is of the opinion that on stringent conditions petitioner may be released on bail. As such, prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Santosh Sarkar shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees 2 Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Judge, Special Court, 2nd Court, 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 jurisdiction of district of Malda without prior permission of the learned Special Court. Additionally, petitioner will not enter into the jurisdiction of Baishnabnagar Police Station till the evidence of all the vulnerable witnesses are completed before the learned trial Court. It would be the exclusive domain of the learned trial Court to consider the application of the petitioner, in case, petitioner prays for waiver of the conditions at the appropriate stage. With the aforesaid observations, CRM (M) No. 1639 of 2026 is allowed. Memo of evidence submitted by the State be kept with the record. All parties shall act in terms of server copy of the order 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 with all requisite formalities. (Tirthankar Ghosh, J.)