15.10.2026 Sl. No. 6 Court No.550 Rohan (Allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(M) 2384 of 2026 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gaighata Police Station Case No. 640 of 2026 dated 17.07.2026 under Sections 64(1) of the Bharatiya Nyaya Sanhita, 2023. -And- In the matter of: Mrinal Kanti Tapader @ Mrinal Tapader …Petitioner Mr. Sauradeep Dutta Ms. Sunita Dhar Mr. Sudipto Roy Mr. Shankar Ranjan Sen …for the Petitioner Mr. Gouranga Kr. Das, APP Mr. Amal Kumar Datta Mr. Ayan Mitra … for the State 1. Report submitted by the learned counsel for the State is kept with the record. 2. Learned counsel for the petitioner submits that the petitioner, an aged person of 75 years, has been falsely implicated in this case. The petitioner is in custody for more than 3 months. Charge-sheet has been submitted and investigation is complete and as such, there is no need for keeping the petitioner in custody. 3. Learned counsel for the State vehemently opposes the prayer for bail. According to him, there are sufficient incriminating materials against the present petitioner. From the medical report of the petitioner, it is found that although the petitioner is 75 years old, but the petitioner is capable of sexual activity. Learned counsel 2 has also drawn the attention of this Court to the medical report of the victim. 4. I have gone through the materials on record. Investigation of this case is complete. The petitioner is aged about 75 years. The medical report is inconclusive since the FSL report upon vaginal swab has not yet been received and prima facie, medical report of the victim does not support the prosecution case at this stage. 5. Considering all aspects of the matter, I am inclined to enlarge the petitioner on bail on certain conditions. 6. Accordingly, the application for bail of the petitioner, namely, Mrinal Kanti Tapader @ Mrinal Tapader is allowed. 7. I direct the petitioner will be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Twenty Thousand only) with two sureties of Rs. 5,000/- (Rupees Ten Thousand only) each, one of whom must be a local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Bongaon, North 24 Parganas. The petitioner shall appear before the learned Trial Court on each and every day of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973/Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall not enter the jurisdiction of Gaighata Police Station and remain within the geographical limits of the district of North 24 Parganas and shall furnish the local address where he shall reside to the learned Trial Court. In addition, he shall meet the Inspector-in-Charge of the local jurisdictional Police Station once in a week. 3 8. In the event, the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. 9. Thus, the application for bail being C.R.M. (M) 2384 of 2026 stands disposed of. 10. All parties shall act on the server copy of this order duly downloaded from the official website of this Hon’ble Court. 11. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities. (Apurba Sinha Ray, J.)