Shri Balai Kumar Bepari v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRM(SB)/1/2023 Shri Balai Kumar Bepari Vs.

The State Mr. Rakesh Pal Gobind ...for the petitioner Ms A.S.Zinu ... for the respondent April 21, 2023 [Bithika] Item No.2 This is an application under section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with Special Case No. 01 of 2023 under section 7 and 8 of Prevention of Children from Sexual Offences Act, 2012 (The State Vs. Balai Kumar Bepari) pending before the learned Court of Special Judge, POCSO at Mayabunder arising out of an FIR No. 97 dated 31.12.2022 of PS Rangat.

Mr. Rakesh Pal Gobind representing the petitioner submits that the police of PS Rangat has registered the case against the petitioner on 31.12.2022. After registration of the said case, the petitioner was arrested on 01.01.2023 and since then the petitioner is in custody.

Mr. Gobind submits that the Investigating Officer has completed the investigation and submitted the charge sheet. It is further revealed from the record that the copy of the charge sheet also supplied to the accused and charge is also framed. After

-2framing of charge, learned Special Judge, POCSO Court has fixed the matter for examination of the witnesses on 01.03.2023 and 02.03.2023 but the prosecution failed to bring the witnesses on the date fixed and now the case is adjourned till 13/14.06.2023 for recording of the evidences. Learned Counsel for the petitioner submits that as per the statement of the victim the incident was occurred three years before and after three years of incident, the instant FIR has been lodged.

Learned Counsel for the petitioner submits that there is no allegation that within three years, the petitioner has hampered, tampered or threatened the victim at any point of time. He submits that he is a permanent resident of these islands and there is no chance of absconding the petitioner and he will appear before the learned Trial Court on each and every dates. On the other hand, Miss A.S. Zinu, learned Public Prosecutor opposed the prayer for grant of bail and submits that the accused has committed offence against the minor girl. Learned Court has already fixed the matter for evidence of the victim and at this stage, if the accused is released on bail, there is every chance of hamper and tamper of the evidences. Considering the submission made by the learned Counsel of the respective parties, this Court finds that learned Trial Court has tried his level best to examine the victim but the prosecution -3-

has failed to bring the victim on the date fixed and thus this Court is of the view that no purpose would be served if the petitioner is detain in custody further.

Let the accused may find a bail of Rs.10,000/- with one surety with the satisfaction of the learned Chief Judicial Magistrate, Mayabunder, North & Middle Andaman. If on bail, he shall not leave these islands without prior permission of the learned Trial Court and he shall appear on each and every dates of hearing.

CRM (SB) 1 of 2023 is disposed of.

The parties are directed to act upon the server copy of this order.

(Krishna Rao, J.)