12-13. 29.04.2025 Court No.34 (Pritam) (Allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 279 of 2025 Shankar Prasad @ Sankar Singh With CRM (DB) 348 of 2025 Bishnu Sharma @ Vishnu @ Chicku. 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 Bally Police Station Case No.56/2023 dated 24.05.2023 under Sections 363/376D/506/465/120B of the IPC, 1860 & Section 81 of the Juvenile Justice (Care and Protection) Act. And Mr. Satarup Purakayastha, Mr. Abhishek Chakraborty, Ms. Jagriti Bhattacharya …for the petitioner in CRM (DB) 279/2025. Mr. Subhasish Pachhal ....for the petitioner in CRM (DB) 348/2025. Mr. Sumanta Ganguly ....for the victim girl. Mr. Debasish Roy, Ld. P.P., Mr. Debabrata Chatterjee, Ms. Suparna Chatterjee …for the State in CRM (DB) 279/2025. Mr. Debasish Roy, Ld. P.P., Mr. Joydeep Roy, Mr. Mainak Gupta ...for the State in CRM (DB) 348/2025. 2 The petitioner, namely, Shankar Prasad @ Sankar Singh does not intend to press the application. Accordingly, the bail application is dismissed for non- prosecution. With regard to petitioner namely Bishnu Sharma @ Vishnu @ Chicku, learned counsel submits that he is similarly circumstanced with co-accused Swati Sharma who has been granted bail earlier. Learned counsel for the State opposes the prayer. It appears that the petitioner is similarly circumstanced with co-accused Swati Sharma insofar as his period of detention is concerned. He is entitled to the same benefit. Accordingly, prayer for bail of Bishnu Sharma @ Vishnu @ Chicku is allowed solely on the touchstone of Article 21 of the Constitution of India without going into the merits of the case. The petitioner, namely, Bishnu Sharma @ Vishnu @ Chicku 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 Chief Judicial Magistrate, Howrah subject to condition that he shall remain within the territorial jurisdiction of Lake Town Police Station except for the purpose of appearing before the learned trial court on every date of hearing fixed by the learned trial court. The petitioner shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. 3 In the event the petitioner fails to comply with any of the conditions stipulated above, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this court. The application for bail being CRM (DB) 348 of 2025 is, thus, disposed of. In course of hearing the present applications, it has been pointed out that the victim who gave birth to a child after the alleged occurrence allegedly sold out the child for which she has been shown as an accused in the present case. In other words, she is the victim as well as the accused in the present case. The fact of the case goes thus. The victim lady was allegedly violated and subsequently gave birth to a child. It was found during investigation that she sold out the child to a barren couple for consideration. Though both the incidents may have occurred contemporaneously, they are not part of the same transaction. The lady was allegedly ravished. Subsequently, she gave birth to a child and sold out the child to a couple. Therefore she cannot be tried as an accused in the same case wherein she has been initially made a victim. It is also suggested by learned counsel for the State that trial is required to be split and two separate proceedings initiated for trial of both the incidents which are distinct and different. Since this court has no determination to deal with such issue, the matter be placed before the Hon’ble the Chief Justice, High Court, Calcutta for necessary direction. 4 The interim order of stay granted earlier is extended till the matter is dealt with by the appropriate bench. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)