Sahajan Badsa v. The State Of West Bengal And ANR

20.01.2025 Ct. No. 1

IN THE HIGH COURT AT CALCUTTA

Sl. No.32 Circuit Bench at Jalpaiguri akd [ALLOWED] C. R. M. (A) 993 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 04.12.2024 in connection with Rajganj Police Station Case No. 239 of 2024 dated 08.07.2024 under Section 12 of the POCSO Act. And In Re: Sahajan Badsa ... ... Petitioner Mr. Jaydeep Kanta Bhowmik Mr. Shubham Kumar Ms. Sayantani Das ... ... for the petitioner Mr. Abhijit Sarkar Ms. Namrata Das ... ... for the State 1.

It is submitted on behalf of the petitioner that he has been falsely implicated. Accordingly, he prays for anticipatory bail. 2.

Learned Advocate for the State opposes the prayer for anticipatory bail.

3.

We have considered the materials on record including the statement of the minor victim. She alleges petitioner blackmailed her by threatening to circulate her pictures on social media. However, no pictures of the victim had been taken. Keeping in mind the aforesaid fact, we are of the opinion though custodial interrogation of the accused/petitioner is not necessary, his movement requires to be restricted in order to instil confidence in the mind of the victim and also non-commission of similar offence in future.

4.

Accordingly, we direct in the event of arrest, the accused/petitioner, namely Sahajan Badsa, be released on bail upon

furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition the petitioner, while on bail, shall not enter the jurisdiction of Rajganj Police Station and shall provide the address where he shall presently reside to the Investigating Agency as well as the jurisdictional court and shall report to the Officer-in-charge of the police station concerned within whose jurisdiction he shall presently reside once in a week until further orders. He shall not contact the victim directly or indirectly i.e. through electronic means. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 5.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)