Kumaresh Bose @ Ganesh vs Unknown on 20 January, 2025

Calcutta High Court (Appellete Side)

Kumaresh Bose @ Ganesh vs Unknown on 20 January, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

     12.           20.01.2025
     Court
     No.29           (Tanmoy)

     Allowed
                                             IN THE HIGH COURT AT CALCUTTA
                                          CRIMINAL MISCELLANEOUS JURISDICTION

                                                     CRM (DB) 3669 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 Matia Police
                                Station Case No.225/2022 dated 13.6.2022 under Sections
                                376AB/ of the Indian Penal Code read with Section 6 of
                                POCSO Act, 2012.
                                                                And

                                In the matter of: - Kumaresh Bose @ Ganesh
                                                                                       ...petitioner.
                                Mr. Sourav Chatterjee, Sr. Adv.
                                Mr. Aditya Tiwari
                                                                               ...for the petitioner.
                                Mr. Sandip Chakraborty
                                Ms. Ayana Dey
                                                                                   ...for the State.

                                                     Dictated by Arijit Banerjee, J.

1. From the affidavit of service which is on record, we see that

the de facto complainant/victim has received notice of this

bail application. However, nobody appears for the de facto

complainant/victim.

2. The petitioner renews his prayer for bail which was rejected

thrice earlier, lastly on September 15, 2023, in CRM (DB)

3530 of 2023. On that date, while rejecting his bail prayer, a

co-ordinate Bench had directed the Trial Court to conclude

the trial as expeditiously as possible and preferably within

six months from the next date fixed for recording of evidence

without granting unnecessary adjournment to either of the

parties.

Signed By :

TANMOY
GHOSH
High Court of
Calcutta
20 th of January
2025 05:50:04 PM
2

3. We find that till date the prosecution has examined five

witnesses. Vulnerable witnesses have all been examined.

The report that the State has filed indicates that 14 more

witnesses will be examined by the prosecution. Hence, an

early conclusion of the trial is highly unlikely. The petitioner

is in custody for more than two years and six months.

4. Without touching the merits of the case and solely on the

touchstone of Article 21 of the Constitution of India, we feel

impelled to enlarge the petitioner on bail.

5. Accordingly, we direct that the petitioner, namely,

Kumaresh Bose @ Ganesh, 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 Judge, Special Court

under POCSO Act, Basirhat, North 24-Parganas, 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 and on further condition that the petitioner,

while on bail, shall stay outside the territorial jurisdiction of

Matia Police Station and shall furnish his present address to

the Officer-in-Charge of Matia Police Station as well as to

the learned Trial Court and shall also meet the Officer-in-

Signed By :

TANMOY
GHOSH
High Court of
Calcutta
20 th of January
2025 05:50:04 PM
3

Charge of the concerned Police Station within whose

jurisdiction he shall be presently residing, once in a week,

until further orders.

6. In the event the petitioner fails to adhere to any of the

conditions stipulated above without any justifiable cause,

the Trial Court shall be at liberty to cancel his bail in

accordance with law without further reference to this Court.

7. The application for bail being CRM (DB) 3669 of 2024 is

accordingly disposed of.

8. 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