Xxxxxxx v. State Of West Bengal And ANR

29.04.2025 Sl No.7 Ct. No.39 srm (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (M) 114 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 439 of the Code of Criminal Procedure, 1973 in connection with Eco Park Police Station Case No.193/2023 dated 18.08.2023 under Sections 4/6 of POCSO Act, 2012;

And In Re : XXX .....Petitioner Mr. Biswajit Manna ..........for the Petitioner Mr. Anowar Hossain, Mr. Amanul Islam ..........for the State Learned Advocate for the petitioner submits that initially the case was initiated under Sections 8/12 of the POCSO Act. However, upon completion of the investigation charge sheet has been submitted under Sections 4/6 of the POCSO Act without there being any evidence of penetrative sexual assault. Neither the victim in her statement before the Magistrate nor before the Court has stated of any penetrative sexual assault by the petitioner. The medical report does not depict of any injury. Further, the birth certificate of the victim was not seized during investigation. The medical examination report shows that the victim had 30 pairs of teeth, and thus as per medical science the victim attended the age of 17 years. The petitioner is in custody for one year nine months and victim has already been examined. He seeks for enlargement of the petitioner on

bail. He files copy of the documents supplied upon completion of investigation, including medical report of the victim, which is taken on record.

Learned Advocate for the State opposes such prayer for bail and submits that there are specific allegations against the petitioner of his involvement in the alleged offence. He seeks for dismissal of the bail application.

Despite service none appears on behalf of the de facto complainant.

Perused the case diary and the materials on record. The statement of the victim before the Magistrate as well as in her evidence in Court does not disclose of any sexual intercourse. The victim before the attending doctor also did not state of any history of sexual intercourse. There are no such notable injuries noted in her private parts. The victim has already been examined before the learned trial court. The petitioner is in custody for one year nine months. In view of the above, I am inclined to grant bail to the petitioner. Accordingly, the petitioner 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, Barasat subject to the condition that the petitioner shall report to the Officer-in-Charge, Eco Park Police Station on every fortnight until further orders. The petitioner shall appear before the learned 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. The petitioner shall not enter the jurisdiction of Eco Park Police Station excepting for attending court proceedings and for reporting to the Officer-inCharge of the concerned Police Station. The petitioner shall furnish the address where he shall presently reside before the learned trial court, the investigating officer and the Officer-inCharge of the police station under whose jurisdiction he shall presently reside and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with any of the conditions as stated above, the learned trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

Accordingly, the application for bail being CRM (M) 114 of 2025 is disposed of.

(Bivas Pattanayak, J.)