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2025 DAILYLAW 5941 (CAL)

RELATIVE OF THE VICTIM GIRL v. STATE OF WEST BENGAL AND ANR

CRM (DB)/343/2025 · 2025-02-25

Apurba Sinha Ray, Arijit Banerjee

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

306. 25.02.2025 Court No.29 (Pritam) (Allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 343 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Tamluk Police Station Case No.248/2024 dated 18.03.2024 under Sections 448/325/354(B)/376/511/506/509/34 of the IPC, 1860. And In the matter of: - Relative of the Victim Girl. …petitioner. Mr. Sabir Ahmed, Mr. Sourat Nandy …for the petitioner. Ms. Sreyashi Biswas, Mr. Karan Bapuli …for the State. Dictated by Arijit Banerjee, J. 1. The petitioner says that he is in custody for about 111 days. Investigation is complete. Charge-sheet has been submitted. He has been falsely implicated. There are property disputes between the complainant’s family and his family. Civil suits are pending between two families. He prays for bail. 2. Opposing the prayer for bail, learned State counsel draws our attention to the material in the case diary. We have seen the deposition of the victim girl and also the medical report. The medical report, prima facie, does not support the prosecution case. Prima facie, it appears that there is an allegation of attempted rape. Investigation is complete. 2 3. In view of the aforesaid facts and circumstances, in our opinion further custodial detention of the petitioner is not necessary. 4. Accordingly, we allow the petitioner’s prayer for bail. 5. Accordingly, we direct that the petitioner, namely, XXXX shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Sessions Judge, Purba Medinipur. The petitioner shall appear before the trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall not enter the territorial jurisdiction of Tamluk Police Station except for the purpose of attending court proceedings, until further orders. The petitioner shall report/meet to the Officer-in-Charge/Inspector-in-Charge of Tamluk Police Station once in every week and shall inform the Investigating Officer about his current local address where he will be residing while on bail, until further orders. 6. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this court. 7. The application for bail being CRM (DB) 343 of 2025 is, thus, disposed of. 3 8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 9. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)