Gunasindhu Pramanik @ Gunasindhu Pramanick v. State Of West Bengal And ANR

23.

20.02.2025.

Court No.26 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 4224 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Sealdah Police Station Case No.63/2023 dated 29.07.2023 under Sections 363/365/366A/370/370A(1)(2)/34 of the IPC, 1860 & Sections 4 & 17 of the POCSO Act, 2012.

And In the matter of:

- Gunasindhu Pramanik @Gunasindhu Pramanick.

...petitioner.

Mr. Siddhartha Sarkar ...for the petitioner.

Mr. Joydeep Biswas, Mr. Atulya Sinha ...for the State.

1. Report filed on behalf of the State be kept on record.

2. Despite service, no one appears for the de-facto complainant.

3. Trial is in progress.

4. De-facto complainant deposed at the trial.

5. Deposition of the de-facto complainant suggests that he was taken down from a train. She also met the parents of the petitioner. She was not allowed to stay at the house of the petitioner.

6. Since, examination of the vulnerable witness is over, we deem it appropriate to grant bail to the petitioner.

7. Accordingly, we direct that the petitioner, namely, Gunasindhu Pramanik @ Gunasindhu Pramanick. shall 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 local, to the satisfaction of learned Additional Session Judge, 1st Court, Sealdah, South 24 Parganas. The petitioner shall appear before the trial Court on each and every date 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.

8. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this court.

9. The application for bail being CRM (DB) 4224 of 2024 is, thus, disposed of.

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