Pradip Ghosh v. The State Of West Bengal And ANR

D/L67 06.02.2025 Rohit ct.no.28 C.R.M. (A) 328 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Special Case No. 06 of 2025 arising out of Kaliganj Police Station Case No. 07/ 2025 dated 02/01/2025 under Sections 329(4)/ 115(2) / 74 of the Bharatiya Nyaya Sanita, 2023 read with Section 12 of the Protection of Children from Sexual Offenses Act, 2012.

And In Re: Pradip Ghosh

...Petitioner

Mr. Santanu Talukdar Mr. Priyankar Ganguly Ms. Shalini Bairagi ...for the petitioner Ms. Baisali Basu Ms. Kanchan Roy ...for the State Mr. Sourav Mukherjee ...for the Defacto complainant 1.

Heard learned Advocates for the parties.

2.

We have considered the materials on record including the statement of the victim. It is contended there is prior enmity between the parties. Possibility of false implication due to such enmity cannot be ruled out.

3.

Under such circumstances, we are of the opinion though custodial interrogation may not be necessary. Movement of the petitioner requires to be restricted in order to instill confidence in the mind of the victim and other witnesses and on

further condition petitioner shall not enter the jurisdiction of Kaliganj Police Station except for the purpose of attending court proceeding and shall provide the address where he shall presently reside to the investigating agency and to the trial Court and shall report to the Officer-in-Charge of the police station concerned where he shall presently reside once in a week until further orders. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

4.

Accordingly, we direct that in the event of arrest, the petitioner viz., Pradip Ghosh be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

5.

The application for anticipatory bail is, thus, disposed of.

(Subhendu Samanta, J.) (Joymalya Bagchi, J.)