Calcutta High Court (Appellete Side)
Abhijit Dey vs Unknown on 16 April, 2025
16.04.2025
Item No.06.
Daily List Court No.39 Mithun CRM (M) 15 of 2025
In re : An Application under Section 439 of the Code of Criminal
Procedure, 1973/Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 in connection with Special (POCSO)
Case No.90 of 2024 arising out of Patiram Police Station Case
No.164 of 2024 dated 16th June, 2024 under Section 363 with
added Sections 365/376 of the Indian Penal Code, 1860 read
with Section 6 of the Protection of Children from Sexual
Offences Act, 2012 corresponding to G.R. No.1139 of 2024.
-And-
In the matter of : Abhijit Dey
… Petitioner
Mr. Shibaji Kumar Das
…for the petitioner
Ms. Sheyashee Biswas,
Ms. Rita Datta
… …For the State
In compliance to the previous order dated 7th April, 2025,
State files service report which is taken on record. It is found
that service has been effected upon the de facto
complainant/victim.
Learned Advocate for the petitioner submits that the
victim and the petitioner had love relationship and the victim
voluntarily left her house to reside with the petitioner. There are
no such incriminating materials against the petitioner who is
languishing in custody for last two and half months. He seeks
for enlargement of the petitioner on bail.
2
Learned Advocate for the State submits that the victim has
refused to undergo medical examination. Further, charge has
already been framed and schedule for examination of
prosecution witnesses would start from today and continue till
23rd April, 2025.
Perused the case diary and the materials on record.
It is found from the statement of the victim that there are
no such allegations of forcible sexual intercourse by the
petitioner. The medical report shows that the victim has refused
to undergo medical examination. The petitioner is in custody
since last two and half months. Considering the aforesaid, this
Court is inclined to enlarge the petitioner on bail.
The petitioner, namely, Abhijit Dey, 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 a
local, to the satisfaction of the learned Judge, Special Court
under the POCSO Act, Balurghat, Dakshin Dinajpur subject to
condition that the petitioner shall appear before the trial Court
on every date of hearing until further orders and shall not
intimate witnesses and/or tamper with evidence in any manner
whatsoever.
The petitioner is directed not to enter the jurisdiction of
Patiram Police Station where the victim is residing excepting for
the purpose of attending the trial court on the date fixed.
3
In the event the petitioner fails 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 (M) 15 of 2025 is disposed of.
(Bivas Pattanayak, J.)
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