Calcutta High CourtCRM(DB)/587/2024disposed

Sujoy Roy v. The State Of West Bengal And ANR

2024-11-25Hon'Ble Justice Shampa Sarkar,Hon'Ble Justice Partha Sarathi Chatterjee2 pages

25.11.2024 SL No.91 s.biswas (Allowed) Calcutta High Court In The Circuit Bench at Jalpaiguri C.R.M. (DB) 587 of 2024 In Re: - An application for bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Naxalbari P.S. Case No. 258/2023 dated 26.11.2023 under Sections 376 AB of the Indian Penal Code read with Section 6 of the POCSO Act. And In the matter of: Sujoy Roy ....Petitioner Ms. Rima Sarkar Ms. Sidhi Sethia Ms. Suprana Paul ...for the Petitioner Mr. Kallol Acharjee Ms. Namrata Das ...for the State

1. Despite receiving intimation through the investigating officer, none appears on behalf of the de facto complainant.

2. The learned advocate representing the petitioner submits that the petitioner is in custody for 352 days and the medical report of the victim does not support the statement of the victim under Section 164 of the Cr.P.C. It is submitted on behalf of the petitioner that he be enlarged on bail on any terms and conditions which would be deemed fit and proper by this court.

3. Learned counsel appearing on behalf of the state has produced the case diary and has vehemently opposed the prayer for bail.

4. Considering the materials placed before us, the medical report including the statement of the witnesses recorded under Section 164 of the Cr.P.C. and the period of detention of the present petitioner, we are inclined to grant bail to the petitioner.

5. Accordingly, 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 Special Court under POCSO Act, Siliguri, subject to the condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. The petitioner shall not enter the jurisdiction of the police station where the victim resides.

6. In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail of the petitioner without any further reference to this Court.

7. The application for bail is, thus, allowed. (Partha Sarathi Chatterjee, J.) (Shampa Sarkar, J.)