Dhritarastra Dutta And ORS v. State Of West Bengal And ANR

C.R.M. (A) 2447 of 2023 17.07.2023 ML. 53 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 Ghola P.S. Case No. 194 of 2020 dated 15.05.2020 under Sections 341/323/354/120B/34 of the IPC and Sections 8/12 of POCSO Act corresponding to POCSO case No. 44 of 2020 pending before the learned Special Judge (POCSO Act), Barrackpore.

And In the matter of: Dhritarastra Dutta & Ors.

....petitioners.

Mr. Uday Sankar Chattopadhyay Mr. Dibakar Sardar Ms. Trisha Rakshit Ms. Rajashree Tah ...for the petitioners.

Mr. Madhusudan Sur, APP Mr. Dipankar Paramanick ...for the State.

1. Heard learned Counsel for both the parties.

2. Considered the materials placed by them including the statement of the victim recorded under Section 164 Cr.P.C. Charge-sheet is stated to have been filed in the meantime. There is stated to be some more cases pending against the petitioners who is asserted to be a local journalist (page 13 of this petition).

3. Regard being had to facts and submissions, factum of permanent residence of the petitioners, specially the nature of allegation and completion of investigation, it is directed that each of the petitioner shall appear before the learned Special Judge (POCSO Act), Barrackpore within 15 days from today in POCSO case No. 44 of 2020 arising out of aforesaid P.S. case. On their appearance and application for bail each of 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.

4. The learned Special Judge (POCSO Act) is directed to act upon the server copy of this order, if required.

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

6. The application being CRM (A) 2447 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)