Allowed

Aata Khotey @ Sailen Khotey v. State of West Bengal

Calcutta HC24 Aug 2021CRM/4454/2021

Case brief

AI extract

What is this about?

This judgment grants bail to a 65-year-old petitioner charged with offences under the IPC and POCSO Act, finding prima facie no material implicated him and deeming further detention unnecessary after 110 days.

What did the court decide?

Petitioner released on bail of Rs. 10,000 with two local sureties of Rs. 10,000 each; released on further conditions of reporting and not tampering with evidence.

Aata Khotey @ Sailen Khotey Vs State of West… — Child Sexual Offences (POCSO) | Calcutta HC (2021)

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24.08.2021 Item no.74. Court No.32. AB

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(Allowed)

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(Via Video Conference)

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CRM No. 4454 of 2021

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In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 01.07.2021 in connection with Malipanchghora Police Station Case No.76 of 2021 Dated 8.5.2021 under Sections 376/506 of the Indian Penal Code read with Section 6 of the POCSO Act

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And

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In the matter of : Aata Khotey @ Sailen Khotey @ Khotel

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……Petitioner.

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Mr. Mritunjoy Chatterjee, Md. G. N. Imrohi, Ms. Debopriya Majumdar ……for the Petitioner. Ms. Sukanya Bhattacharya, Mr. Nirupam Dhali ……for the State.

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The petitioner says that he has been falsely implicated. He is a 65 years old man. The grandmother of the victim girl and the petitioner reside in the same complex. There is a longstanding dispute between them. False complaint has been lodged through the victim girl against the petitioner. The alleged incident never took place.

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We have seen the statement of the victim girl. We have considered the medical report. Prima facie, we do not find any material, which implicates the petitioner. The petitioner has

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been in custody for about 110 days. Charge sheet has been submitted.

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In the aforesaid facts and circumstances, we are of the view that further custodial detention of the petitioner is not necessary and he may be granted bail.

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Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 Howrah, and on further conditions that he shall remain within the jurisdiction of the concerned police station and shall report to the Officer-in-Charge of the concerned police station once in a fortnight until further orders.

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The petitioner 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 in any manner whatsoever.

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In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner’s bail in accordance with law without further reference to this Court.

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The application for bail is, accordingly, allowed.

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All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

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(Suvra Ghosh, J.)

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(Arijit Banerjee, J.)

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Aata Khotey @ Sailen Khotey v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Aata Khotey @ Sailen Khotey v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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