Calcutta High Court (Appellete Side)
Koushik Maity vs Unknown on 20 January, 2025
Author: Arijit Banerjee
Bench: Arijit Banerjee
13. 20.01.2025
Court
No.29 (Tanmoy)
Allowed
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
CRM (DB) 3814 of 2024
In Re: - An application for bail under Section 439 of the Code of
Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, in connection with Kotwali Police
Station Case No.462/2023 dated 14.6.2023 under Sections
363/366A/370/370A/372/373/120B/34 of the Indian Penal
Code read with Sections 6/17 of POCSO Act, 2012 and Sections
3/4/5/6/7/9 of Immoral Traffic (Prevention) Act, 1956.
And
In the matter of: - Koushik Maity
...petitioner.
Mr. Avik Ghatak
Mr. Amit Ranjan Pati
...for the petitioner.
Mr. Ranadeb Sengupta
Mr. Debanik Das
...for the State.
Ms. Afreen Begum
...for victim lady nos. 1-3.
Mr. Arijit Bhusan Bagchi
...for victim lady no.4.
Ms. Swastika Chowdhury
...for victim lady no.6.
Dictated by Arijit Banerjee, J.
1. Compliance report submitted by the learned Registrar
General of this Court be kept with the records.
2. Five out of seven victim girls are represented through
learned Lawyer. The other two victim girls are not
represented in spite of having received notice of this bail
application.
3. The petitioner says that he is in custody for 374 days. He
further says that all the seven victim girls have been
Signed By :
TANMOY
GHOSH
High Court of
Calcutta
20 th of January
2025 05:50:04 PM
2examined before the learned Trial Court but none of them
supported the prosecution case. He prays for bail.
4. Copies of depositions of the victim girls have been annexed
to the bail petition and we have gone through them. We are
surprised to see that although the victim girls have not
supported the prosecution case, they have not been declared
hostile.
5. In view of the fact that the depositions of the victim girls
have created a significant dent in the prosecution case and
considering the period of detention of the petitioner, we are
inclined to allow his prayer for bail.
6. Accordingly, we direct that the petitioner, namely, Koushik
Maity, 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 the learned Special Judge, Additional District
Judge, 2nd Court, Paschim Medinipur, subject to condition
that 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 Bharatiya Nagarik Suraksha Sanhita,
2023, and shall not intimidate the witnesses and/or tamper
with evidence in any manner whatsoever.
7. In the event the petitioner fails to adhere to any of the
conditions stipulated above without any justifiable cause,
Signed By :
TANMOY
GHOSH
High Court of
Calcutta
20 th of January
2025 05:50:04 PM
3the Trial Court shall be at liberty to cancel his bail in
accordance with law without further reference to this Court.
8. The application for bail being CRM (DB) 3814 of 2024 is
accordingly disposed of.
9. Criminal Section is directed to make available urgent
photostat certified copies of this order to the parties, if
applied for, upon compliance with all requisite formalities.
(Arijit Banerjee, J.)
(Apurba Sinha Ray, J.)
Signed By :
TANMOY
GHOSH
High Court of
Calcutta
20 th of January
2025 05:50:04 PM
[ad_1]
Source link