Calcutta High CourtCRM (A)/2347/2023allowed

Sk Hasen v. State Of West Bengal

2023-07-05Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Apurba Sinha Ray3 pages

C.R.M. (A) 2347 of 2023 05.07.2023 Sl. 11 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Egra Police Station Case No. 600 of 2021 dated 22.12.2021 under Sections 341/417/376/506/34 of the IPC and Section 6 of the POCSO Act in correspondence with S.C. case No. 626 of 2021 pending before the learned Additional Sessions Judge, 1st Court cum Special Court (POCSO), Egra in the District of Purba Medinipur.

And In the matter of: Sk Hasen ....petitioner.

Mr. Imtiaz Ahmed Mrs. Ghazala Firdaus Mr. M. Islam Mr. Sk. Saidullah Mr. Mithun Mondal Mr. Md. Arsalan Mr. Sk. Md. Sakil Ali ...for the petitioner.

Mr. Binay Panda Ms. Puspita Saha ...for the State.

1. Heard learned Counsel for both the parties.

2. Affidavit-of-service filed by the learned Counsel for the petitioner be taken on record.

3. Charge-sheet in the case is stated to have been filed. Statement of the victim recorded under Section 164 Cr.P.C. shows that she had love affairs with the petitioner and they both had relationship like husband and wife. The victim also refused medical examination and the petitioner is stated to be aged about 19 years old and the victim is stated to be aged about 15/16 years old.

4. Regard being had to facts and submissions, factum of permanent residence of the petitioner, his tender age, possibility of reform in him and completion of investigation, it

is directed that the petitioner shall appear before the learned Additional Sessions Judge, 1st Court cum Special Court (POCSO), Egra in the District of Purba Medinipur within 15 days from today in the Special Case No. 626 of 2021 arising out of aforesaid P.S. case. On his appearance and application for bail the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. The learned Additional Sessions Judge, 1st Court cum Special Court (POCSO) is directed to act upon the server copy of this order, if required.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. The application being CRM (A) 2347 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Apurba Sinha Ray, J.)