Jit Mahato v. State Of West Bengal And ANR

27.02.2025 Serial no. 30 [Dd] (Bail allowed) CRM (DB) 4130 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kenda Police Station Case No. 60 of 2024 dated 05.09.2024 under Sections 137(2)/140(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the POCSO Act, 2012.

-AndIn the matter of : Jit Mahato ... ... Petitioner Mr. Sougata Mitra, Mr. Nikhil Kr. Gupta, Mr. Soma Chakraborty, Mr. Subhadeep Maity, Advocates ... ... For the Petitioner Mr. Anand Keshari, Ms. Poulami Bose, Advocates ... ...For the State Mr. Sibangi Chattopadhyay, Advocate ... ...For the de facto complainant

1. Petitioner prays for bail.

2. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 82 days. Police filed charge sheet. He submits that further detention of the petitioner is not required.

3. State and the de facto complainant are represented.

4. We perused the statement of the victim recorded under Section 164 of the Criminal Procedure Code as well as medical examination report.

5. Before the doctor, the victim stated that she went away voluntarily with the petitioner and that there was no physical relationship with the petitioner.

6. Considering such materials on record, we are inclined to grant bail to the petitioner.

7. 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 Judge, Special Court under POCSO Act, Additional Sessions Judge, 2nd Court, Purulia subject to 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.

8. 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.

9. The prayer for bail of the petitioner is allowed.

10. CRM (DB) 4130 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)