Calcutta High CourtCRM(M)/1940/2025allowed

Subhajit Saha v. State Of West Bengal And ANR

2025-10-14Hon'Ble Justice Apurba Sinha Ray3 pages

14.10.2025 Item No.15 Ct. No. 6 PG C.R.M.(M) 1940 of 2025 In Re:- An application for bail under Section 483 of the B.N.S.S., 2023/Under Section 439 of the Code of Criminal Procedure, 1973 in connection with Special Case No. 183 of 2024 arising out of Habra Police Station Case No.630 of 2024 dated 04/11/2024 under Section 64 of the BNS and section 06 of the POCSO Act and charge sheet submitted under sections 65(1) of BNS and section 06 of POCSO Act.

And In the matter of : Subhajit Saha ...................Petitioner Mr. Angshuman Chakraborty Mr. S.S. Saha ....for the petitioner Mr. Arijit Ganguly Ms. Suruchi Saha..........for the State

1. Victim has been notified. In spite of the notification, none appears on behalf of the victim.

2. Having heard the learned counsel for the petitioner and also taking into consideration the objection of the learned counsel for the State, I find that petitioner is entitled to bail on the grounds that investigation is complete and charge sheet has been submitted in the month of January, 2025 but charges have not been framed yet.

3. As the investigation is complete, I do not find that further custodial detention of the petitioner is required.

4. Accordingly, the prayer for bail of the petitioner is allowed.

5. The petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each out of which one must be local to the satisfaction of the learned Chief Judicial Magistrate, Barasat, North 24Parganas and on further condition that the petitioner shall not enter the jurisdiction, where the victim girl resides and shall meet the Officer-in-Charge of the local Police Station, where he shall reside once in a week until further orders.

6. The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.

7. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court.

8. The application for bail is, accordingly, allowed.

9. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.)