Calcutta High Court (Appellete Side)
Surojit Malo vs Unknown on 9 July, 2025
09.07.2025
Item No.10(DL)
Court No.42
srm
(Allowed)
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
C.R.M.(M) 703 of 2025
In re : An Application for Bail under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 in connection with Balurghat
Police Station Case No.986 of 2024 dated 16.12.2024 for
alleged offence punishable under Sections
329(4)/115(2)/117(2)/109/3(5) of the Bharatiya Nyaya Sanhita,
2023 read with Section 6 of The Protection of Children from
Sexual Offences Act, 2012 and Sections 9/10 of Prohibition of
Child Marriage Act, 2006 and charge sheet has been submitted
vide Charge Sheet No.109 of 2025 date 16.02.2025 for alleged
offence punishable under sections 64(1)/329(4)/115(2)/3(5) of
the Bharatiya Nyaya Sanhita, 2023 read with Sections 6/17 of
the Protection of Children from Sexual Offences Act, 2012 and
sections 9/10 of Prohibition of Child Marriage Act, 2006
pending before the learned Special Judge (under POCSO Act)
2nd Court, Balurghat, Dakshin Dinajpur.
-And-
In the matter of : Surojit Malo
… Petitioner
Ms. Jeenia Rudra
…for the Petitioner.
Mr. Saibal Bapuli,
Mr. Mainak Gupta
… …for the State.
Learned Advocate for the petitioner submits that the
petitioner is in custody for 183 days and upon completion of
investigation charge sheet has already been submitted in this
case. She seeks for enlargement of the petitioner on bail.
Opposing such prayer for bail, learned Advocate for the
State submits that there are specific allegations against this
petitioner of marrying the victim forcibly and also of penetrative
sexual assault. He seeks for dismissal of the bail application.
2
Despite service, none appears on behalf of the de facto
complainant.
Perused the case diary and the materials on record.
It is found from the statement of the victim that her
marriage with the petitioner was forcibly solemnized by her
paternal aunts. The allegation in the statement is precisely of
torture. There are no such implication of any sexual assault.
Under what circumstances the marriage has taken place and the
complicity of the petitioner in the said marriage may be
examined and assessed in trial. The petitioner is in custody for
183 days and upon completion of investigation charge sheet has
already been submitted. Considering the above, I am inclined to
grant bail to the petitioner.
Accordingly, the petitioner 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 Special Judge (under POCSO Act)
2nd Court, Balurghat, Dakshin Dinajpur. 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. The petitioner shall meet the Officer-in-
Charge of Balurghat Police Station once in a fortnight, until
further orders. The petitioner shall not enter within the territorial
jurisdiction of Balurghat Police Station except for the purpose of
attending court proceedings and for reporting to the Officer-in-
3
Charge of the concerned Police Station, until further orders. The
petitioner shall furnish the address where he shall presently
reside before the learned trial court, the investigating officer and
the Officer-in-Charge of the police station under whose
jurisdiction he shall presently reside.
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.
It is made clear that the observation made hereinabove is
only for the sake of disposal of this application.
Accordingly, the application for bail being CRM (M) 703 of
2025 is disposed of.
(Bivas Pattanayak, J.)
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