Calcutta High Court (Appellete Side)
Act vs In Re : Kousar Alam @ Kausar Alam on 23 April, 2025
23.04.2025
Sl No.8
Ct. No.39
ss
(Allowed) IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
CRM (M) 118 of 2025
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure corresponding to Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 in connection with Malda Police
Station Case No.427 of 2024 dated 25.06.2024 under Sections
365/506/34 of the Indian Penal Code and Section 4 of POCSO
Act, 2012.
And
In Re : Kousar Alam @ Kausar Alam
…..Petitioner
Mr. Kazi M. Rahman
……….for the Petitioner
Mr. Sujan Chatterjee
……….for the State
Service report filed by the State is taken on record.
Despite service none appears on behalf of the de facto
complainant.
Learned Advocate for the petitioner submits that the
petitioner and the victim had a love affair. There are no
incriminating materials against the petitioner. The petitioner is
in custody for 144 days and charge-sheet has already been
submitted. He seeks for enlargement of the petitioner on bail.
Opposing such prayer for bail learned Advocate for the
State submits that as per statement of the victim there are
specific allegations against the petitioner of his involvement in
the alleged offence, which has also been stated by the victim
before the attending doctor. He seeks for dismissal of the bail
application.
Perused the case diary and the materials on record.
2
Although the victim stated of commissioning rape by the
present petitioner, however, no such allegation is made before
the attending medical officer. The medical report shows that
there are no mark of injuries. The petitioner is in custody for
144 days and charge-sheet has already been submitted upon
completion of investigation. Considering the above I am
inclined to enlarge the petitioner on bail.
Accordingly, the petitioner, namely, Kousar Alam @
Kausar Alam, 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, POCSO Act, A.D.J., 2nd
Court, Malda subject to condition that the petitioner shall
report before the Inspector-in-Charge of concerned Police
Station once in a fortnight until further orders. The petitioner
shall not enter the jurisdiction of concerned police station
except for the purpose of attending Court proceedings and
reporting to the Inspector-in-Charge of concerned Police
Station. 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.
In the event the petitioner fails to comply with the
conditions as enshrined hereinbefore, it is open to the trial
3
court to cancel the bail in accordance with law without further
reference to this Court.
Accordingly, the application for bail being CRM (M) 118 of
2025 is disposed of.
(Bivas Pattanayak, J.)
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