Aman Raj v. State Of West Bengal And ANR
04.03.2025 Item No.53 Court No.26 S.D.
(Bail granted) CRM (DB) 4041 of 2024 In re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Howrah Police Station Case No. 321 of 2024 dated 31.08.2024 under Section 127(2)/74/75/76/351(2) of Bharatiya Nyaya Sanhita, 2023 read with Sections 8/10/12 and adding Section 6 of POCSO Act.
In the matter of: Aman Raj ... ... Petitioner Mr. Jaydeep Biswas Mr. Ashok Das Mr. K. Ghosh Ms. Hasi Jana ... ... For the Petitioner Ms. Rituparna De Ghose Ms. Ratna Ghosh ...For the State Mr. Sayan Chattopadhyay ..For the defacto complainant Petitioner is in custody in excess of 190 days. Police filed charge sheet.
State and the defacto complainant are represented. Incident allegedly occurred when the victim was required to undergo CT Scan. Incident was at a Government hospital.
Court is informed that the petitioner was working as a CT Scan operator at Government hospital where the incident occurred.
Considering the period of detention of the period and the fact that the police filed charge sheet as also the nature of the incident alleged coupled with the fact that materials on record do not suggest requirement of custodial trial, we grant bail to the petitioner.
Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Special Judge, POCSO Court, Howrah subject to the condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.
In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court. The prayer for bail of the petitioner is allowed. C.R.M.(DB) 4041 of 2024 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)