Bubai Saha v. State Of West Bengal And ANR

294.

25.02.2025 Court No.29 (Tanmoy) Allowed

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 288 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973, in connection with Jangipur Women Police Station Case No. 16/2018 dated 16.8.2018 under Section 4 of POCSO Act, 2012 and charge-sheet no.31/2018 dated 15.10.2018 submitted under Sections under Section 4/17 of POCSO Act, 2012. POCSO Case No. 56/2018.

And In the matter of: - BUBAI SAHA ...petitioner.

Ms. Shabana Hasin Ms. Samima Akter Ms. Neha Ray ...for the petitioner.

Mr. Atif Ahmed Siddiqui ...for the State.

Dictated by Arijit Banerjee, J.

1. Service report filed by the State in Court today be kept with the records. We see that the de facto complainant/victim has received notice of this bail application, however, nobody appears for them.

2. We have seen the deposition of the victim girl, who has already been examined before the learned Trial Court. She completely exonerated the petitioner.

3. In view of the aforesaid, we do not see any reason to further detain the petitioner in judicial custody. Hence, we allow the petitioner's prayer for bail.

4. Accordingly, we direct that the petitioner, namely, BUBAI SAHA, shall 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 local, to the satisfaction of the learned Judge, Special Court (under POCSO Act), Jangipur, Murshidabad, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

5. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

6. The application for bail being CRM (DB) 288 of 2025 is accordingly disposed of.

7. Criminal Section is directed to supply urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)