Allowed¶22

Pranab Mandal @ Babua Master v. the State of West Bengal and Anr.

Calcutta HC19 Nov 2024CRM (DB)/2987/2024

Case brief

AI extract

What is this about?

Pranab Mandal @ Babua Master bail granted Calcutta High Court CRM(DB) 2987/2024 Section 6 POCSO English Bazar Women PS Case 257/2023 Malda Section 439 CrPC Section 483 BNSS 2023 custody 333 days medical report victim examined bond Rs.10,000 two sureties weekly reporting trial court liberty cancel bail.

What did the court decide?

Release on bail upon furnishing bond of Rs.10,000/- with two sureties of like amount each, one local, subject to conditions: not to enter English Bazar Police Station, remain within jurisdiction of Malda Police Station, weekly reporting to Officer-in-Charge/Inspector-in-Charge, appear before trial Court on every hearing date, not intimidate witnesses or tamper with evidence; failure without justifiable cause permits trial court to cancel bail without further reference to this Court. ¶22

Pranab Mandal @ Babua Master Vs the State of… — Child Sexual Offences (POCSO) | Calcutta HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether petitioner falsely implicated in English Bazar Women Police Station Case No. 257 of 2023 may be released on bail under Section 439 CrPC / Section 483 BNSS given custody duration, examination of victim and medical report evidence.

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Ratio / Principle

Court viewed further custodial detention as unnecessary considering facts and circumstances, victim already examined, medical report not supporting prosecution case, custody close to a year.

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Key takeaways

Directed petitioner be released on bail upon furnishing bond of Rs.10,000/- with two sureties of like amount each, one local, to satisfaction of learned Judge, Special Court (POCSO), Malda, with conditions: not enter English Bazar Police Station, remain within Malda Police Station jurisdiction, weekly reporting to concerned Officer-in-Charge/Inspector-in-Charge.ratio¶16
Trial court at liberty to cancel bail in accordance with law without further reference to court if conditions breached without justifiable cause.ratio¶21
Application for bail allowed.ratio

Detailed headnote1 paragraphs

CRM (DB) No. 2987 of 2024 — High Court of Calcutta, Court No.29, decision dated 19.11.2024. Application for bail under S.439 CrPC corresponding to S.483 BNSS 2023 in connection with English Bazar Women Police Station Case No.257 of 2023 dated 23.12.2023 under S.6 POCSO Act, by Pranab Mandal @ Babua Master. Petitioner claimed false implication due to inter-family dispute; in custody 333 days; 3 of 23 chargesheet witnesses examined; victim girl examined; medical report did not support prosecution case. Bench held further custodial detention unnecessary and allowed bail: bond Rs.10,000/- with two local-inclusive sureties of like amount each to satisfaction of Judge, Special Court (POCSO Act), Malda; conditions — no entry into English Bazar Police Station, confinement to Malda Police Station jurisdiction, weekly reporting, attendance on every trial date, no witness intimidation/evidence tampering; breach without justifiable cause entitles trial court to cancel bail without reference to this Court. Dictated by Arijit Banerjee, J.; Apurba Sinha Ray, J. concurring.

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19.11.2024 Item no.19. Court No.29. S. De

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(Allowed)

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CRM (DB) No. 2987 of 2024

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In Re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with English Bazar Women Police Station Case No. 257 of 2023 dated 23.12.2023 under Section 6 of the Protection of Children from Sexual Offences Act (POSCO), 2012.

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And

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In the matter of : Pranab Mandal @ Babua Master.

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……Petitioner. Md. Wasim Akram Ms. Reshmi Khatun, ……for the Petitioner. Mr. Bidyut Kr. Roy, Mr. C. Dutta, ……for the State.

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Dictated by Arijit Banerjee, J.

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The petitioner says that he has been falsely implicated in this case. The reason for filing the false complaint is a dispute between the two families. He is in custody for 333 days. The victim girl has been examined. There is no reason to detain him in judicial custody any further.

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Learned State advocate opposes the prayer and says that there is sufficient incriminating evidence against the petitioner. 3 out of 23 chargesheet named witnesses have already been examined.

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We have seen the deposition of the victim girl. We have also seen the other material in the case diary.

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Signed By : SANDIP DE High Court of Calcutta 20 th of November 2024 02:56:50 PM

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The medical report does not appear to support the prosecution case to any extent. The victim girl has already been examined. The petitioner is in custody for close to a year.

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Considering the facts and circumstances of the case, we are of the view that further custodial detention of the petitioner is not necessary.

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Accordingly, we direct that the petitioner, namely, Pranab Mandal @ Babua Master 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 POCSO Act), Malda, and on further conditions that he shall not enter the English Bazar Police Station and shall remain within the jurisdiction of Malda Police Station and shall report to the Officer-in-Charge/Inspector-in-Charge of the concerned police station once in a week 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

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Signed By : SANDIP DE High Court of Calcutta 20 th of November 2024 02:56:50 PM

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petitioner’s bail in accordance with law without further reference to this court.

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