Ganesh Pramanik @ Ganesh Pramanick v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction Appellate Side 19-09-2022 Subha Item no.33 Bail allowed CRM (SB) 223 of 2022 Ganesh Pramanik @ Ganesh Pramanick -vsThe State of West Bengal In Re: An application for bail under Section 439 Cr.P.C in connection with Sagar P.S. Case No.181 of 2022 dated 06.06.2022 under sections 448/354/506 of the Indian Penal & Section 8 of the Protection of Children from Sexual Offences Act, 2012(POCSO) Mr. Ayan Basu, Mr. Sandip Kumar Mondal ...for the petitioner.

Mr. Binoy Kumar Panda Ms. Puspita Saha ... for the State.

Mr. Basu, learned advocate appearing on behalf of the petitioner submits that the petitioner is in custody for about 106 days and chargesheet has already been submitted.

Ms. Saha, learned advocate appearing for the State produces the case diary and draws the attention of this court to the statement recorded under Section 164 of the Code of Criminal Procedure. I have considered the rival submissions and on appreciation of the statement of the victim girl before the learned Judicial Magistrate, I am of the opinion that further detention of the petitioner is unwarranted in the facts and circumstances of the present case. Thus, the prayer for bail of the present petitioner is allowed. Accordingly, the petitioner is directed to furnish bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned special court under the POCSO Act, Kakdwip, South 24 Parganas.

If on bail, the petitioner shall attend the learned special court under the POCSO Act, Kakdwip, 24 Pgs(S) once in a fortnight irrespective of the fact whether any date has been fixed by the learned special court or not for the purposes of the present case. No unnecessary adjournments should be granted to either of the parties and in case the petitioner is absent before the special court/trial court on the date fixed for trial, the learned special court/trial court would be at liberty to cancel the bail of the petitioner without further reference of this court.

With the aforesaid observations, the application for bail, being CRM (SB) 223 of 2022 is disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities. [Tirthankar Ghosh, J]