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Calcutta High CourtCRM (DB)/124/2024allowed

Soumyajit Dhal v. State Of West Bengal And ANR

2024-01-16Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

20-11-2024 (ct. no. 29) KOLE CRAN 1 of 2024 in CRM (DB) 124 of 2024 In re: An application for relaxation of condition of bail under Section 439(1)(b) of the Code of Criminal Procedure.

- A n d - In the matter of : Soumyajit Dhal .... Petitioner.

Mr. Niladri Sekhar Ghosh, Ms. Labani Sikdar, .... For the petitioner.

Mr. Anwar Hossain, Mr. Asif Dewan, ... for the State.

Mr. Debashis Banerjee, Mr. Rakesh Jana, ... for the defacto complainant.

IN Re: CRAN 1 of 2024 1.

The petitioner was granted bail on January 16, 2024, inter alia, on the condition that he will not enter the jurisdiction of Goghat Police Station except for the purpose of attending court proceedings. He seeks relaxation of that condition saying that the victim does not reside within Goghat Police Station any more. She has shifted to a place within the jurisdiction of Arambagh Police Station. 2.

Learned Advocate for the defacto complainant strongly opposes the prayer. He says that the petitioner has been flouting that condition regularly. This is disputed by the petitioner. 3.

Learned State Advocate has filed a report. Let the same be kept with the records.

4.

We find substantial compliance with the bail conditions by the petitioner except that on one occasion he appears to have gone to the Goghat Police Station for, he says, lodging a general diary.

5.

We find that the petitioner has been complying with the conditions of bail. Learned Advocate for the defacto complainant also admits that the victim girl is now residing within Arambagh Police Station. We are, therefore, inclined to allow the petitioner's prayer. 6.

The petitioner may enter Goghat Police Station but will not enter the jurisdiction of Arambagh Police Station except for the purpose of attending court proceedings. The other conditions of bail shall remain unaltered.

7.

CRAN 1 of 2024 is, thus, disposed of.

8.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )