Calcutta High CourtCRM(M)/280/2025allowed

Subho Narayan Barman @ Subho Nayaan Barman v. The State Of West Bengal And ANR

2025-09-11Hon'Ble Justice Dinesh Kumar Sharma3 pages

11.09.2025 SL No.43 Ct. No.03 Sudipta Allowed Calcutta High Court In The Circuit Bench at Jalpaiguri CRM (M) 280 of 2025 In Re: An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pradhan Nagar Police Station Case No. 422 of 2025 dated 20.06.2025 under Section 64(2)(m) / 65(1) of the BNS, 2023 read with Section 6 of the POCSO Act, 2012. And In Re : Subho Narayan Barman @ Subho Nayaan Barman ......Petitioner For the petitioner :

Mr. Mayank Roy Mr. Subhro Ghosh .....Advocate For the State :

Mr. Kallol Acharjee Mr. Biswarup Roy .....Advocates For the de facto complainant :

Mr. Abhishek Singh .....Advocate

1. Learned counsel for the petitioner submits that the petitioner is 18 years of age and the victim is 16 years of age. Learned counsel further submits that there was a love affair between the parties and there was a consensual physical relationship.

2. Learned counsel for the victim has affirmed the same.

3. Learned counsel for the State has fairly submitted that in the statement under Section 164 Cr.PC the victim has stated that she was having relation with the petitioner and she was not forced. Petitioner is in custody since 20th June, 2025. Chargesheet has already been filed.

4. Thus, taking into the facts and circumstances of this case, the prayer for bail is considered and allowed.

5. Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one of whom must be a local, to the satisfaction of the learned Additional District and Sessions Judge, 1st Court at Siliguri and on further condition that the petitioner shall appear before the trial court on each and every day of substantive hearing and shall not intimidate the witnesses and/or tamper with the evidence in any manner whatsoever. The petitioner shall join the investigation as and when directed by the I.O.

6. Accordingly, CRM (M) 280 of 2025 stands disposed of.

7. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

( Dinesh Kumar Sharma, J. )