Pradip Das @ Biplab Chandra Das v. State Of West Bengal And ANR
03.09.2025 D/L 4 Court No.42 ab (Allowed)
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION C.R.M.(M) 1444 of 2025 In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pre Trial Case No. 164 of 2025 arising out of English Bazar P. S. Case No. 185 of 2025 dated 03.02.2025 under Sections 137(2)/140(3) of the Bharatiya Nyaya Sanhita, 2023 and adding Section 6 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act, now pending before the learned Judge, Special Court, Additional District Judge, 2nd Court, Malda.
In Re : Pradip Das @ Biplab Chandra Das .... Petitioner Mr. Md. Wasim Akram ...for the Petitioner Md. Anwar Hossain, Md. Kutubuddin ...for the State
1. Service report filed by the State is taken on record.
2. Learned Advocate for the petitioner submits that there was previous love relationship between the victim and the petitioner and the victim left her house on her own accord. There are no such incriminating materials against the petitioner. The petitioner is in custody for about 38 days and upon completion of investigation, charge sheet has already been submitted in the present case. He seeks for enlargement of the petitioner on bail.
3. Learned Advocate for the State, opposing such prayer for bail, submits that the victim was taken away by the petitioner. He seeks for dismissal of the bail application.
4. Despite service, none appears on behalf of the de facto complainant/victim.
5. Perused the case diary and the materials on record.
6. The victim in her statement states that she was taken by the petitioner to his house where she resided for four days. However, there are no such allegations of any forcible sexual assault. The petitioner is in custody for about 38 days and upon completion of investigation, charge sheet has already been submitted in the present case. Considering the above, I am inclined to grant bail to the petitioner on stringent conditions.
7. Accordingly, the petitioner, namely, Pradip Das @ Biplab Chandra Das 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 Court, Additional District Judge, 2nd Court, Malda. 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 meet the Inspector-in-Charge of English Bazar Police Station once in a fortnight, until further orders. The petitioner shall not enter within the territorial jurisdiction of English Bazar Police Station except for the purpose of attending court proceedings and for reporting to the Inspector-in-Charge of the concerned Police
Station, until further orders. The petitioner shall furnish the addresses where he shall presently reside before the learned trial court, the investigating officer and the Inspector-inCharge of the police station under whose jurisdiction he shall presently reside.
8. 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.
9. It is made clear that the observation made hereinabove is only for the sake of disposal of this application.
10. Accordingly, the application for bail being CRM (M) 1444 of 2025 is disposed of.
(Bivas Pattanayak, J.)