Allowed

Taraknath Lkar @ Tarak Kar v. State of West Bengal and Anr.

Calcutta HC17 Jan 2023CRM (DB)/107/2023

Case brief

AI extract

What is this about?

This court granted bail to the petitioner, Taraknath Kar, accused in a POCSO and rape case. Considering the investigation was complete and the victim had married the petitioner, the court held further detention unnecessary. Bail was granted with financial bonds and conditions against tampering with evidence.

What did the court decide?

Petitioner released on bail upon furnishing a bond of Rs. 10,000 with two sureties of like amount, one local, subject to conditions.

Taraknath Lkar @ Tarak Kar Vs State of West… — Child Sexual Offences (POCSO) | Calcutta HC (2023)

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17.01.2023 Sl. No.14 akd [ALLOWED]

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C. R. M. (DB) 107 of 2023

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In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.01.2023 in connection with Frezerganj Coastal Police Station Case No.123 of 2022 dated 16.10.2022 under Sections 363/365/376(3) of the Indian Penal Code and Section 4(2) of the POCSO Act.

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And

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In Re: Taraknath Kar @ Tarak Kar

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… … Petitioner

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Mr. Gouranga Kumar Das Ms. Swati Mondal

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… … for the petitioner

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Mr. Neguive Ahmed .. ld. Addl. Public Prosecutor Ms. Jonaki Saha

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… … for the State

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Affidavit-of-service filed in court today be kept with the record.

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Inspite of service, victim is unrepresented.

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It is submitted on behalf of the petitioner that he is in custody

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for about 116 days. Investigation is complete.

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Learned Additional Public Prosecutor produces the case diary.

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We have considered the statement of the victim. She states she has married the petitioner. In view of the aforesaid circumstances, period of detention suffered by the petitioner and as investigation is complete, we are of the opinion further detention of the accused/petitioner is not necessary.

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Therefore, the accused/petitioner, namely Taraknath Kar @ Tarak Kar , be released on bail upon furnishing a bond of Rs.10,000/(Rupees Ten thousand only), 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-cum-Additional District & Sessions Judge, 1^st Court, Kakdwip, South 24-Parganas subject to condition that the said

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petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

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In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

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The application for bail, thus, stands allowed .

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(Ajay Kumar Gupta, J.)

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(Joymalya Bagchi, J.)

Taraknath Lkar @ Tarak Kar v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Taraknath Lkar @ Tarak Kar v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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