Calcutta High Court (Appellete Side)
Soumen Bag & Anr vs Unknown on 17 April, 2025
17.04.2025
Item No.11.
Daily List Court No.39 (Allowed) Mithun CRM (DB) 907 of 2025
In re : An Application under Section 439 of the Code of Criminal
Procedure, 1973 read with Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 in connection with Daspur Police
Station Case No.333 of 2024 dated 28.06.2024 under Sections
341,323, 307, 354(B), 379, 506 & 34 of the Indian Penal Code,
1860 read with Sections 8 & 12 of the Protection of Children
from Sexual Offences Act, 2012 corresponding to POCSO Case
No.35 of 2024.
-And-
In the matter of : Soumen Bag & Anr.
… Petitioners
Mr. Siddhartha Sarkar,
Mr. Akash Ghosh
…for the petitioners
Mrs. Sujata Das,
Ms. Nahid Ahmed
… …For the State
Service report filed on behalf of the State is taken on
record. It is found that service has been effected upon the
victim.
Learned Advocate for the petitioner submits that on the
date of occurrence, as per the written complaint, there was free
fight amongst the parties. There are no such allegations of any
sexual assault by the petitioners upon the victim. He seeks for
enlargement of the petitioner on bail.
2
Learned Advocate for the State opposes such prayer for
bail and submits that as per the statement of the victim, there
are allegations against the petitioners of their involvement in the
alleged offence. Medical report also shows that victim and her
mother sustained injuries. She seeks for dismissal of the bail
application.
Perused the case diary and the materials on record.
The statement of the victim shows that on the date of
occurrence, the petitioners assaulted the victim. There are no
such allegations of any sexual assault upon her. The injury
report does not reveal any serious injury. More so, after
completion of investigation, charge-sheet has been submitted in
this case. Considering the aforesaid, this Court is inclined to
enlarge the petitioners on bail.
The petitioners, namely, Soumen Bag and Srimanta Bag @
Shrimanta Bag be released on bail upon furnishing a bond of
Rs.10,000/- (Rupees ten thousand) each, with two sureties of
like amount each, one of whom must be a local, to the
satisfaction of the learned Special Judge (POCSO) Court at
Ghatal, Paschim Medinipur. The petitioners shall appear before
the trial court on each and every day 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 petitioners
shall not enter within the jurisdiction of Daspur Police Station
3
except for the purpose of attending court proceedings until
further orders.
In the event the petitioners fail to comply with the
conditions as enshrined hereinbefore, it is open to the trial Court
to cancel the bail without further reference to this Court.
Accordingly, CRM (DB) 907 of 2025 is disposed of.
(Bivas Pattanayak, J.)
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