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Calcutta High CourtCRM(M)/1761/2025allowed

Firdous Islam @ Firdous Sk v. The State Of West Bengal And ANR

2025-09-25Hon'Ble Justice Bivas Pattanayak2 pages

25.09.2025 Item no.13 Court No.42 ss HIGH COURT AT CALCUTTA (Allowed) CRIMINAL MISCELLANEOUS JURISDICTION , CRM (M) 1761 of 2025 In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Islampur P.S. Case No. 398 of 2025 dated 28.06.2025 under Sections 137(2)/140(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the POCSO Act arising out of POCSO Case No.84/2025 now pending before the learned Judge, Special Court under POCSO Act, Kandi, Murshidabad.

In Re : Firdous Islam @ Firdous Sk.

.... Petitioner Mr. Jisan Iqubal Hossain ...for the Petitioner Mr. Soumik Ganguly Mrs. Manasi Roy ...for the State Mrs. Minoti Gomes ... for the de facto complainant 1.

Learned Advocate for the petitioner submits that there are no such incriminating materials against the petitioner, who is in custody for 66 days and upon completion of investigation charge-sheet has been submitted in this case. The co-accused have been granted bail by the learned trial Court. He seeks for enlargement of the petitioner on bail.

2.

Learned Advocate for the State as well as de facto complainant submits that the victim does not implicate this petitioner.

3.

Perused the case diary and the materials on record. 4.

The statement of the victim is exonerative in nature. The victim has refused to undergo medical examination. The petitioner is in custody for 66 days and upon completion of investigation, charge-sheet has already been submitted.

Considering the above, I am inclined to grant bail to the petitioner.

5.

Accordingly, the petitioner, namely Firdous Islam @ Firdous Sk., be released on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand), with two sureties of like amount each, one of whom must be a local, to the satisfaction of the learned Judge, Special Court, under POCSO Act, Kandi, Murshidabad, subject to the following conditions: (i) The petitioner shall appear before the 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.

(ii) The petitioner shall meet the Inspector-in-Charge of Islampur Police Station once in a fortnight, until further orders.

6.

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.

7.

It is made clear that the observation made hereinabove is only for the sake of disposal of this application. 8.

Accordingly, the application for bail being CRM (M) 1761 of 2025 is disposed of.

(Bivas Pattanayak, J.)