Allowed

Prasenjit Ghosh @ Prasenjit Ghosh and Anr. v. State of West Bengal

Calcutta HC17 Nov 2021CRM/7357/2021

Case brief

AI extract

What is this about?

Single judge Court granted anticipatory bail to petitioners in a POCSO case involving sections 363/365 IPC read with Section 6 POCSO. Justice noted prior elopement between petitioner and victim while considering case diary materials.

What did the court decide?

Grant of anticipatory bail subject to bond of Rs. 10,000 each with two sureties, monthly meeting with investigating officer by petitioner no. 1, cooperation by petitioner no. 2, and regular bail praye

Prasenjit Ghosh @ Prasenjit Ghosh and Anr. Vs… — Child Sexual Offences (POCSO) | Calcutta HC (2021)

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17.11.2021 39 Ct. No. 29 KAUSHIK Allowed

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C.R.M. 7357 of 2021

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In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Malda Police Station Case No. 339 of 2020 dated 20.06.2020 under Sections 363/365 of the Indian Penal Code, 1860 read with Section 6 of the Protection of Children from Sexual Offences Act.

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And

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In Re : Prasenjit Ghosh @ Prasanjit Ghosh & Anr. ...… petitioners

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Mr. Kallol Mondal Mr. Musharaff Alam Sk. Mr. Krishan Roy Mr. Souvik Das .…for the petitioners

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Mr. P. K. Dutta Mr. Goutam Wilson .…for the State

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Petitioners seek anticipatory bail.

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Learned advocate appearing for the petitioners submits that, there is a longstanding relationship between the petitioner and the victim girl. Petitioner no. 1 and the victim eloped in the year 2019. Subsequently, the police complaint was lodged.

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Learned advocate appearing for the State draws the attention of the Court to the contents of the case diary.

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Considering the materials in the case diary and considering the age of the victim and considering the past relationship of the victim with the petitioner no. 1 as it

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transpires from the First Information Report, we grant anticipatory bail to the petitioners.

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Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the arresting officer subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further conditions that the petitioner no. 1 shall meet the investigating officer once in a month until further orders and the petitioner no. 2 will cooperate with the investigation and on condition that the petitioners shall appear before the jurisdictional court on every date fixed and pray for regular bail within a period of four weeks from date.

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This application for anticipatory bail is, thus, allowed.

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(Debangsu Basak, J.)

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(Ananda Kumar Mukherjee, J.)

Prasenjit Ghosh @ Prasenjit Ghosh and Anr. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Prasenjit Ghosh @ Prasenjit Ghosh and Anr. 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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