Abdul Rajjak v. State Of West Bengal And ANR

08.12.2025 Court No.35.

M/L. 143 Rakib (Allowed) CRM (M) 1760 of 2025 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 Kaliachak Police Station case no. 1045 of 2024 dated 12.07.2024 under Sections 65(2) of the Bharatiya Nyaya Sanhita, 2023 read with Section 6 of the POCSO Act, 2012.

And In the matter of : Abdul Rajjak ......Petitioner.

Mr. Kalidas Saha Ms. Khushi Mollick Mr. Pikash Kumar Chauhan ......for the Petitioner.

Mr. Shaila Afrin Mr. Manoranjan Mahata ......for the State.

Report so submitted by the State be kept with the record.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for about one year five months and till date charges have not been framed.

Learned advocate for the State has produced the Case Diary and drawn the attention of the Court to the statement under Section 164 of the Cr. P.C. of the victim girl and other witnesses.

Attention of the Court was drawn to the medical report. I have considered the overall circumstances including the period of detention, and I am of the view that further detention of the petitioner is unwarranted. Accordingly, the prayer for bail of the petitioner is allowed.

As such petitioner namely, Abdul Rajjak shall furnish bond of Rs. 20,000/- (Rupees 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 Chief Judicial Magistrate, Malda.

If on bail, the petitioner shall be physically present on each and every date before the learned trial Court in seisin of the case. The petitioner shall not leave the jurisdiction of district of Malda without the prior permission of the learned trial Court.

Accordingly, CRM (M) No. 1760 of 2025 is allowed. 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.)