Suraj Maldeheri @ Maldehri v. The State Of West Bengal And ANR.

04.07.2025 Ct.No.2 b.das Allowed

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction C.R.M. (M) 149 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Pradhan Nagar P.S. Case No. 234 of 2023 dated 03.04.2023 under Sections 363/365 of the Indian Penal Code read with Section 4 of the POCSO Act. And In Re :Suraj Maldeheri @ Maldehri ... Petitioner.

Ms. Meghna Joshi ... for the Petitioner.

Mr. Aditi Shankar Chakraborty Mr. N. Chakraborty Ms. Namrata Das ... for the State.

Report submitted by the State is taken on record. It appears that the victim girl has shifted from her place of residence and could not be traced out by the State machinery.

Heard learned counsels for the parties.

I have considered the material on record. The victim girl has adduced evidence before the learned trial Court wherein she has stated that she had a love affair with the petitioner and fled away with him voluntarily without informing her parents. She was little more than 17 years of age at that time. She resided with the petitioner voluntarily and was brought back to her house by the petitioner.

This Court is informed that 3 out of 14 witnesses have been examined. There is remote possibility of trial being concluded in near future.

Considering the material on record, particularly the extent of complicity of the petitioner in the alleged offence, this Court is inclined to hold that further detention of the petitioner is not required and he may be granted bail. Accordingly, prayer for bail is allowed.

The petitioner namely Suraj Maldeheri @ Maldehri be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Siliguri subject to condition that he shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the learned trial Court on any date without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail is thus disposed of. Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)