Pravat Mukherjee @ Bappa & Anr vs Unknown on 20 January, 2025

Calcutta High Court (Appellete Side)

Pravat Mukherjee @ Bappa & Anr vs Unknown on 20 January, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

                   20.01.2025
                   Item no. 17.
                   Court No.29.
                     AB
                   (Allowed)
                                                  CRM (DB) 3871 of 2024

                                  In Re: An Application for Bail under Section 439 of the Code of
                                  Criminal Procedure, 1973/Under Section 483 of the Bharatiya
                                  Nagarik Suraksha Sanhita, 2023 in connection with New Town
                                  Police Station Case No.156 of 2022 Dated 29.06.2022 under
                                  Sections 366A//370A///120B/ of the Indian
                                  Penal Code read with Sections 3//// of the Immoral Traffic
                                  Prevention Act, 1956 and Sections 4/// of the POCSO Act
                                  and Section 81 of the Juvenile Justice Act

                                                       And

                                  In the matter of : Pravat Mukherjee @ Bappa & Anr.

                                                                                   ......Petitioners.
                                          Mr. Anshuman Chakraborty,
                                          Mr. S. S. Saha      ......for the Petitioners.

                                          Mr. Saryati Dutta,
                                          Mr. Akash Ganguly         ......for the State.

                                          Ms. Jhuma Sen,
                                          Ms. Arpita De             ......for the Victim Girl.

                                          Dictated by Apurba Sinha Ray, J.

1. The petitioners claim that they are in custody for about

two years and six months. The prosecution has failed to

comply with the direction of this Court to complete the

trial of this case within six months from 09.02.2024.

There is no chance of an early conclusion of the trial

since only 6 out of 18 charge sheet named witnesses

have been examined.

2. Learned Counsel for the victim girl has raised strong

objection to the prayer of bail. According to her, there

are sufficient incriminating materials against the

Signed By :

APURBA
BANDYOPADHYAY
High Court of
Calcutta
20 th of January
2025 05:52:29 PM
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present petitioners as per the deposition of one minor

victim girl.

3. Learned Advocate for the State also opposes the prayer

for bail. He has drawn our attention to the order dated

22.07.2024 passed by a Coordinate Bench directing the

prosecution to conclude the trial of the case within one

year. That time has not yet elapsed and as such, the

prosecution has opportunity to complete the trial within

the time limit prescribed in the order dated 22.07.2024.

4. We have considered the materials on record. We find

that the petitioners are in custody for about two years

and six months. The fundamental right of an under-trial

to personal liberty and speedy trial cannot be

overemphasized and the delay in trial caused cannot be

attributed to the present petitioners. Considering all the

aspects and the recent decisions of the Hon’ble Apex

Court, we are inclined to enlarge the petitioners on bail

on certain conditions.

5. Accordingly, we direct that the petitioners, namely

PRAVAT MUKHERJEE @ BAPPA & BISWAJIT

CHAKRABORTY shall be released on bail upon

furnishing a bond of Rs.10,000/-each, with two sureties

of like amount each, one of whom must be local, to the

satisfaction of the learned Judge, Special Court under

the POCSO Act at Barasat, North 24 Parganas, and on

further conditions that they shall not enter the districts
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of North 24 Parganas and South 24 Parganas except for

attending the court proceedings and shall provide the

address where they shall presently reside to the Officer

in Charge of the New Town Police Station as well as

learned Trial Court and shall meet the Officer in Charge

of the concerned police station within whose jurisdiction

they shall presently reside once in a week until further

orders.

6. The petitioners shall appear before the trial court on

every date of hearing until further orders and shall not

intimidate the witnesses and/or tamper with evidence

and/or commit any cognizable offence in any manner

whatsoever.

7. In the event the petitioners fail to adhere to any of the

conditions stipulated above without justifiable cause,

the trial court shall be at liberty to cancel the

petitioners’ bail in accordance with law without further

reference to this Court.

8. The application for bail is, accordingly, allowed.

9. All parties shall act in terms of server copy of the order

downloaded from the official website of this Court.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)
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