Subir Ganguly v. State Of West Bengal And ANR
16.04.2025 Sl No.7 Ct. No.39 srm (Allowed)
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION CRM (SB) 43 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Halisahar Police Station Case No.37 of 2025 dated 20.02.2025 under Sections 75 of BNS, 2023 and Section 12 of POCSO Act, 2012. And In Re : Subir Ganguly .....Petitioner Mr. Debasis Kar, Mr. Husen Mustafi ..........for the Petitioner Mr. Anand Keshri, Md. Ejaz Akhtar ..........for the State Affidavit of service filed on behalf of the petitioner is taken on record.
It is found that service has been effected upon the de facto complainant/victim.
Learned Advocate for the petitioner submits that the petitioner is a tutor and the victim attended the tuition classes of the petitioner. Save and except, the victim boarded the scooty of the petitioner, there are no such incriminating materials against the petitioner. Further, after completion of the investigation charge sheet has been submitted in this case and the petitioner is in custody for last two months. He 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 the
petitioner and as such the bail prayer of the petitioner should be rejected.
Despite service, none appears on behalf of the de facto complainant/victim.
Perused the case diary and the materials on record. It is found that after completion of the investigation the charge sheet has been submitted under Section 75 of the BNS and Section 12 of the POCSO Act. The petitioner is in custody for about two months. Considering the above, this Court is inclined to grant bail to the petitioner.
Accordingly, the petitioner, namely, Subir Ganguly, 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 POCSO Court, Barrackpore, North 24-Parganas. 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 not enter within the territorial jurisdiction of Barrackpore sub-division except for the purpose of attending court proceedings until further orders.
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 in accordance with law without further reference to this Court.
Accordingly, the application for bail being CRM (SB) 43 of 2025 is disposed of.
(Bivas Pattanayak, J.)