Raj Baraik v. The State Of West Bengal And ANR

12.

14.05.2025 (Ct. No. 03) DB HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri CRM (M) 70 of 2025 In Re: - An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Matigara P.S. Case No. 28 of 2025 dated 13.01.2025 under Sections 6 of the Protection of Children from Sexual Offences Act, 2012. And In the matter of: Raj Baraik ....Petitioner.

Mr. Subham Ghosh, Adv.

Mr. Mayak Roy ...For the Petitioner.

Mr. Abhijit Sarkar Mr. Sourav Ganguly, Adv.

...For the State.

1.

Mr. Subham Ghosh, learned advocate, is appearing for the petitioner.

2.

Mr.

Abhijit Sarkar, Learned Additional Public Prosecutor, is appearing for the State.

3.

The petitioner has filed the present application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying for bail in connection with Matigara P.S. Case No. 28 of 2025 dated 13.01.2025 under Sections 6 of the Protection of Children from Sexual Offences Act, 2012 corresponding to Special POCSO Case no. 03 of 2025, first Court Siliguri.

4.

Counsel for the petitioner submits that on the report receipt from the medical officer, Matigara BPHC, the police has registered the instance case against the petitioner. 5.

Counsel for the petitioner submits that the petitioner and the victim girl had a love affair and were started residing together. During the said love affair the victim became pregnant and she was hospitalized, when doctor had found the victim was minor, an intimation made to the police authority.

6.

Council of the petitioner submits that the victim has already delivered child and is residing with the parents of the petitioner.

7.

Per Contra, learned Advocate appearing for the state submits that as receipt of report, the police has initiated FIR against the petitioner.

8.

Counsel for the State submits that the investigation has been completed and charge sheet has been filed. 9.

Considering the above, this Court finds that no purpose should be served by keeping the accused person in correctional home any further. The petitioner may find bail of Rs. 5,000/- with one surety with the satisfaction of Learned Special Judge, (POCSO), Siliguri.

10.

CRM (M) No. 70 of 2025 is disposed of.

(Krishna Rao, J.)