Extracted from the PDF above. The PDF is authoritative.
15.01.2025 Item no. 21. Court No.29. AB (Allowed)
CRM (DB) 3805 of 2024
In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jalangi Police Station Case No.291 of 2021 Dated 15.10.2021 under Sections 363/365 of the Indian Penal Code read with Section 6 of the POCSO Act
And In the matter of : Sujoy Das
……Petitioner. Mr. Arnab Chatterjee,
Ms. Dhanasree Biswas ……for the Petitioner. Mr. Partha Pratim Das,
Ms. Poulami Bose
……for the State. Mr. Sandip Dinda ….for the Defacto complainant. Dictated by Arijit Banerjee, J.
1. The deposition of the victim girl, who has been partly examined, has been produced before us. We see that the victim girl has deposed that she voluntarily ran away with the petitioner hoping to marry him. There was clearly an amorous relationship between the petitioner and the victim girl. 2. The petitioner is in custody for three years and two months. There are 14 charge sheet named witnesses. Only 1 witness has been examined in full. Therefore, we do not see any chance of an early conclusion of the trial. 3. Even on merits, we do not find such material as would justify continued detention of the petitioner in judicial custody. Signed By : APURBA BANDYOPADHYAY High Court of Calcutta 16 th of January 2025 11:43:52 AM
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4. Accordingly, we direct that the petitioner, namely SUJOY DAS 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 Judge, Special Court under the POCSO Act at Berhampore, Murshidabad, and on further conditions that he shall not enter the jurisdiction of Jalangi Police Station except for attending the court proceedings and shall provide the address where he shall presently reside to the Officer in Charge of the Jalangi Police Station and shall meet the Officer in Charge of the concerned police station within whose jurisdiction he shall presently reside once in a fortnight until further orders. The petitioner shall not get in touch with the victim girl in any manner whatsoever. 5.
The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever. 6. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner’s bail in accordance with law without further reference to this Court. 7. The application for bail is, accordingly, allowed. 3
8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) (Ajay Kumar Gupta, J.)