Pranob Ghosh v. State Of West Bengal

23.09.2020 Ct. No. 19 NB/AGM CRM 6504 of 2020 CRAN 1 of 2020 (Via Video Conference) In Re : An application for bail under Section 439 of the Code of Criminal Procedure filed on 25th August, 2020 in connection with Nanoor P.S. Case No.71 of 2020 dated 10.07.2020 under Sections 448/354/506 of the Indian Penal Code and under Section 8 of the Protection of Children from Sexual Offences Act.

And In the matter of : Pranob Ghosh ..... Petitioner Mr. Sujoy Sarkar .... for the petitioner Mr. Rana Mukherjee, Mr. Santanu Chatterjee. ...for the State. Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner is the son of the owner of a land where the grandfather of the alleged victim used to work as a labourer. According to him, in spite of taking money the said grandfather was not coming to work. When the petitioner went to settle the issue, he was falsely implicated in the present case. The petitioner is in custody for about 72 days.

Learned Counsel appearing on behalf of the State opposes the prayer for bail. According to him, a prima facie case is clearly made out against the petitioner. However, he submits that the charge sheet has already been submitted in this case.

In view of the fact that charge sheet has already been submitted in this case and the petitioner is in custody for a considerable length of time, I am inclined to allow the prayer for bail of the petitioner.

However, considering the nature of allegations, I think that the movement of the petitioner is required to be restricted. Let the petitioner be released on bail subject to the satisfaction of the learned Additional District Judge-cum-Special Court (POCSO) Bolpur, Birbhum upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount, one of whom shall be local and on condition that the petitioner shall not enter the jurisdiction of Nanoor Police Station except for meeting the Investigation Officer or for attending the Court and he shall regularly attend the Court. CRM No.6504 of 2020 along with CRAN 1 of 2020 are disposed of.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)