Calcutta High Court (Appellete Side)
Chhoton Chowdhury @ Chaton Chowdhury vs Unknown on 28 July, 2025
28.07.2025
Item No.14.
Daily List
Court No.42
Mithun
(Allowed)
IN THE HIGH COURT AT CALCUTTA.
CRIMINAL MISCELLANEOUS JURISDICTION
CRM (M) 1160 of 2025
In Re: An application for bail under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023/ under Section 439 of the
Cr.P.C., 1973 in connection with Berhampore Police Station
Case No.1332 of 2023, dated 13.09.2023, under Sections
363/365 of the Indian Penal Code, 1860 with added Sections
376/195A/506/34 of Indian Penal Code, 1860 read with
Section 4 of Protection of Children from Sexual Offences Act,
(POCSO) 2012 (corresponding to C. Special Case no.115 of
2023) currently pending before the Court of learned Judge,
Special Court under POCSO Act, Berhampore, Murshidabad.
-And-
In the matter of : Chhoton Chowdhury @ Chaton Chowdhury
… Petitioner
Mr. Ali Ahsan Alamgir,
Ms. Rabia Khatoon,
Ms. S. Mal,
Ms. June Modak
…for the petitioner
Mr. Saibal Bapuli, Ld. APP,
Mr. Aritra Bhattacharya
… …For the State
Petitioner renews his prayer for bail.
Affidavit-of-service filed on behalf of the petitioner along
with the copy of Track Consignment Report downloaded on 28th
July, 2025 is taken on record.
Learned Advocate for the petitioner submits that the
victim and the petitioner had love affairs. The victim in her
evidence did not implicate the petitioner. The petitioner is in
custody for one year three months and 25 days. The vulnerable
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witnesses have already been examined. He seeks for
enlargement of the petitioner on bail.
Opposing such prayer for bail, learned Advocate for the
State submits that there are incriminating materials against the
petitioner. He seeks for dismissal of the bail application.
Despite service, none appears on behalf of the de facto
complainant.
Perused the case diary and the materials on record.
From the statement of the victim, it appears that the
victim had relationship with the petitioner and she was forced to
leave her house with the petitioner. Be that as it may, in her
cross-examination, the victim has stated that she left her house
willingly and she had love affairs with the petitioner. The
petitioner is in custody for one year three months and 25 days
and the vulnerable witnesses have been examined. Considering
the above, I am inclined to enlarge the petitioner on bail on
stringent conditions.
The petitioner, namely, Chhoton Chowdhury @ Chaton
Chowdhury 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 Special Judge under POCSO Act, Murshidabad at
Berhampore subject to condition that the petitioner shall report
to the Inspector-in-Charge of the concerned Police Station once
in a fortnight until further orders. The petitioner shall not enter
the jurisdiction of Berhampore Police Station except for the
purpose of attending court proceedings and reporting to the
Inspector-in-Charge of the concerned Police Station. The
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petitioner shall furnish the address where he shall presently
reside before the learned Trial Court, the investigating officer and
the Inspector-in-Charge of the police station under whose
jurisdiction he shall presently reside. The petitioner shall appear
before the learned Trial Court on each and every date fixed and
shall not intimidate the witnesses and/or tamper with evidence
in any manner whatsoever.
In the event the petitioner 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.
It is made clear that the observation made hereinabove is
only for the sake of disposal of this application.
Accordingly, CRM (M) 1160 of 2025 is disposed of.
(Bivas Pattanayak, J.)