Bubai Das v. State Of West Bengal

23.09.2020 Court No.16 Sl. No. 23 GB/SD CRM 6780 of 2020 CRAN 1 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Balurghat Women P.S. Case No.62 of 2019 dated 28.9.2019 under Sections 376/328/506 of the Indian Penal Code read with Section 4 of the Protection of Children from Sexual Offences Act and Section 66E/67/67B of I.T. Act.

And In the matter of: Bubai Das ....Petitioner.

Mr. Kaushik Chaudhury.

...for the Petitioner.

Mr. Rana Mukherjee Ms. Sujata Das ...for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner claims that a belated complaint was lodged to complain of an incident, though the petitioner and the alleged survivor had a long-standing relationship.

The State says that the survivor was aged 17 at the relevant point of time. The State also places the statement of the survivor recorded under Section 164 of the Code.

Though the statement makes some allegations, considering that the petitioner and the alleged survivor were associated for quite some time, the further detention of the petitioner is not necessary. However, the petitioner will not attempt to make any contact with the survivor till the trial is completed.

Subject to the above, the petitioner will be enlarged on bail upon furnishing a bond of Rs.10,000/- (ten thousand only) with two sureties of like amount, one of whom must be local, to the satisfaction of the appropriate court in Dakshin Dinajpur. The petitioner will attend every date fixed for the trial and any unexplained absence will entitle the trial court to cancel the bail without reference to this Court.

CRM 6780 of 2020 along with the interim application therein are disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)