Gopal Giri @ Chowmin Gopal v. State Of West Bengal And ANR

22.04.2025 Sl No.5 Ct. No.39 srm (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (R) 2 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 Duttapukur Police Station Case No.1110/2022 dated 12.11.2022 under Sections 341/323/325/354/506/34 of Indian Penal Code, 1860 read with Section 8 of POCSO Act, 2012.

And In Re : Gopal Giri @ Chowmin Gopal .....Petitioner Mr. Sabyasachi Mukherjee, Mr. Mukesh Khanna, Mr. Kiran Mallick, Mr. Mrinmay Nandy, Ms. Ankita Nandi, Ms. Swastika Saha, Mr. Biswajit Mukherjee ..........for the Petitioner Mr. Binoy Kumar Das, Ms. Sanjida Sultana ..........for the State State files service report, which is taken on record. Despite service, none appears on behalf of de facto complainant/victim.

Learned Advocate for the petitioner submits that the petitioner is languishing in custody for 782 days. There are no such direct incriminating materials against the petitioner. The co-accused Santu Das @ Subhojit and Soumen Mitra @ Suman have been granted bail. The petitioner stands on the same footing. He seeks for enlargement of the petitioner on bail. 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 as is appearing from the statement of the victim recorded before the Magistrate. He seeks for dismissal of the bail application. Perused the case diary and the materials on record. It is found that the petitioner is in custody for 782 days. The charge sheet as well as supplementary charge sheet has already been submitted after completion of the investigation. The co-accused have been granted bail by this Hon'ble Court in CRM (SB) 15 of 2025, CRM (SB) 24 of 2025. The present petitioner stands on the same footing. Considering the above, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner, namely, Gopal Giri @ Chowmin Gopal, 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 remain outside the jurisdiction of Duttapukur Police Station and shall furnish the address where he shall presently reside before the learned trial court, the investigating officer and the Officer-in-Charge of the police station under whose jurisdiction he shall presently reside. The petitioner shall appear before the learned trial court on every date of hearing until further orders 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 (R) 2 of 2025 is disposed of.

(Bivas Pattanayak, J.)