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Calcutta High Court · body

2025 DAILYLAW 7209 (CAL)

KALICHARAN DUTTA v. THE STATE OF WEST BENGAL AND ANR

CRM (DB)/390/2025 · 2025-02-25

Apurba Sinha Ray, Arijit Banerjee

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

323 25-02-2025 (ct. no. 29) KOLE Allowed CRM (DB) 390 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Airport Police Station Case No. 236 of 2024 dated 25.11.2024 under Sections 10/12 of the POCSO Act. - A n d - In the matter of : Kalicharan Dutta .... Petitioner. Mr. Tanmoy Basu, … For the Petitioner. Ms. Baishali Basu, Mr. Tirthankar Dhali, … For the State. Order dictated by Arijit Banerjee, J.: 1. Service report filed by the State be kept with the records. 2. In spite of service, nobody appears for the defacto complainant/victim. 3. The petitioner says that he has been falsely implicated. He has no role to play in the alleged offence. Investigation is complete. He is in custody for 90 days. He prays for bail. 4. We have seen the statement of the victim girl recorded under Section 164 of the Criminal Procedure Code. Prima facie it appears that there is no such serious allegation as would justify further custodial detention of the petitioner. 5. Accordingly, we direct that the petitioner, namely, Kalicharan Dutta, 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 Special Court under the POCSO Act, Barrackpur, North 24 Parganas subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and 2 on further condition that the petitioner while on bail shall not enter the jurisdiction of the Airport police station and shall meet the I.C of the concerned police station, where he will reside, once every fortnight until further orders. 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. 8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )