Mohammed Sajad v. The State
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM(SB)/6/2026 In Re: An application for bail under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Mayabunder Police Station in Special Case No.29 of 2025 under Sections 3(b),3(d),4/5(n)/6/7/8 of the POCSO Act Mohammed Sajad Vs.
State Mr. Rakesh Pal Gobind ... for the petitioner Mr. Sumit Kr. Karmakar ... for the State March 18, 2026 [SR] Item No.1 Report submitted by the learned Public Prosecutor reflects that service has been effected upon the victim. Let the same be kept with the record.
Learned advocate appearing for the petitioner submits that the petitioner was arrested on 11th November, 2025 and since then, he is in custody. The investigation of the case, according to the petitioner, has already been concluded and the charge sheet has already been submitted before the jurisdictional Court.
Learned advocate appearing for the State opposes the prayer for bail and submits that the present petitioner was involved in the alleged offence and to that effect the initial
statement before the police authorities were referred. On behalf of the State the prayer for bail was opposed. I have taken into the account of the materials in the case diary and also the facts which has been submitted on behalf of the petitioner that the victim girl had been staying at the residence of the petitioner since the parents expired. It is also submitted that because of certain disputes, the present case has been initiated. Be that as it may, this Court is not entering into merits of the case since the charge is yet to be framed.
Having considered the fact that the petitioner is in custody for more than four months and at present the court is lying vacant, I am of the view that on stringent condition, the petitioner may be released on bail.
Accordingly, the prayer for bail of the petitioner is allowed.
The petitioner namely, Mohammed Sajad shall be released on bail upon furnishing 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 Special Judge/Chief Judicial Magistrate, Mayabunder. If on bail, the petitioner shall not enter the jurisdiction of Mayabunder Police Station except for the purpose of attending the Court proceeding, till the evidence of the victim is recorded.
The petitioner shall inform the place of his residence at the time of furnishing bond and will report to the jurisdictional Police Station where he would be residing, once in a week. The Station House Officer of the concerned Police Station will send a report once in a month regarding attendance of the petitioner to the learned Special Court concerned.
With the above observations, CRM(SB)/6/2026 is disposed of.
Learned Special Court/Chief Judicial Magistrate, while furnishing the bond would rely upon the server copy of the order. If the certified copy of the order is required by the concerned court, time may be granted after furnishing of the bond.
Case diary be returned to the learned Public Prosecutor.
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. )