Sadananda Roy @ Sukaru @ Sugaru Roy v. The State Of West Bengal
09.08.2021 Item no.2.
Court No.32.
AB (Allowed) In the High Court at Calcutta Circuit Bench at Jalpaiguri (Via Video Conference) CRM No. 752 of 2021 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 15.07.2021 in connection with Dhupguri Police Station Case No.115 of 2021 Dated 18.3.2021 under Section 6 of the POCSO Act And In the matter of : Sadananda Roy @ Sukaru @ Sugaru Roy ......Petitioner.
Ms. Madhushri Dutta ......for the Petitioner.
Mr. Aditi Shankar Chakraborty, Ld. APP, Mr. Ujjwal Luksom, Mr. Sourav Ganguly ......for the State.
The petitioner has been charged under Section 6 of the Protection of Children from Sexual Offences Act, 2012. The prosecution case is that the petitioner used to regularly commit rape on the victim girl taking advantage of the absence of her father.
We have seen the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure. We have also seen the medical report. The medical report shows that the victim girl is pregnant. However, prima facie there is nothing on record to connect the petitioner with the victim girl having
become pregnant. The petitioner has been in custody for more than four months. Charge sheet has been filed. In the facts and circumstances of the case and having regard to the material on record, we are of the view that further detention of the petitioner is not necessary and he may be granted bail.
Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the POCSO Act at Jalpaiguri, and on further conditions that he shall remain within the jurisdiction of the concerned police station and shall report to the Officer-in-Charge of the concerned police station once in a fortnight until further orders. The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court. The application for bail is, accordingly, allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court.
(Suvra Ghosh, J.) (Arijit Banerjee, J.)