Sudhangshu Barman v. The State Of West Bengal And ANR

19.06.2024 CALCUTTA HIGH COURT (D/L 41) IN THE CIRCUIT BENCH AT JALPAIGURI Ct. No.1 (Allowed) C.R.M.(A) 458 of 2024 (SKB) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Banarhat P. S. Case No.106 of 2024 dated 21.04.2024 under Sections 06 of POCSO Act corresponding to POCSO Case No.46 of 2024.

In the matter of : Sudhangshu Barman ... Petitioner Mr. Arjun Chowdhury, Mr. Satyam Sarkar, Mr. Mrinmoy Ch. Laskar ... for the petitioner Mr. Aditi Shankar Chakraborty, ld. APP Mr. Biswarup Roy, Mr. Sagnik Sankar Sikdar ... for the State

1. Heard learned counsel for the petitioner and the learned State counsel.

2. This is an allegation that the daughter of the defacto complainant was taking private tuition from the present petitioner and a post has gone viral regarding the illicit relationship of the petitioner with the daughter of the defacto complainant leading to lodging of the present case.

3. Learned counsel appearing for the petitioner submits that it is out and out a false case. The allegations have not been supported by the victim nor is the same substantiate by the medical examination of the victim.

4. The State counsel has opposed the prayer for bail referring to the materials collected during the

investigation, which we have had the opportunity of seeing today.

5. Considering the rival submissions, we are of the view that the petitioner is entitled to the privilege of anticipatory bail.

6. Accordingly, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest arising out of the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that the petitioner shall cooperate in the investigation as and when required. Petitioner is directed to appear before the IO once in a fortnight on the day and time fixed by the IO for the purpose of investigation till submission of the charge-sheet.

7. Accordingly, the prayer for the anticipatory bail is allowed.

8. Within 15 days from today petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

9. The application being CRM(A) 458 of 2024 is disposed of. 10.

The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

(Madhuresh Prasad, J.) (Partha Sarathi Chatterjee, J.)