Amit Kundu v. State Of West Bengal And ANR
04.04.2025 rrc
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 968 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Katwa Police Station Case No. 63 of 2025 dated 22.01.2025 under Sections 137(2) of the BNS read with Sections 12 of the POCSO Act. And In Re : Amit Kundu .....Petitioner Mr. Navanil De Mr. Shoumalya Mazumder ..........for the Petitioner Ms. Sukanya Bhattacharya Ms. Atulya Sinha ..........for the State Ms. Sibangi Chatterjee ...... for the de facto complainant Affidavit-of-service filed on behalf of the petitioner is taken on record.
It is found that service upon the de facto complainant/victim has been effected.
Learned advocate for the petitioner submits that already after completion of investigation chargesheet has been submitted in this case and he is languishing in custody for about 69 days. He seeks for enlargement of the petitioner on bail.
Learned advocate for the State submits that as per the statements of the victim there are serious allegations against the petitioner. She prays for dismissal of the bail application.
Learned advocate for de facto complainant also opposes such prayer for bail.
Perused the case diary.
It is found that there are no such allegation of any sexual intercourse transpiring from the statement of the victim. The medical examination has also been refused as is appearing in page-29. Further upon completion of investigation chargesheet has already been submitted by the investigating agency. In view of the above, I am inclined to grant bail. Accordingly, the petitioner, namely, Amit Kundu, 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 under the POCSO Act, Katwa, Purba Bardhaman subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimate witnesses and/or tamper with evidence in any manner whatsoever. The petitioner is directed not to enter the jurisdiction of Katwa Police Station where the victim is residing excepting for the purpose of attending the trial court.
In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial Court to cancel the bail without further reference to this Court. Accordingly, CRM (DB) 968 of 2025 is disposed of. (Bivas Pattanayak, J.)