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Calcutta High Court · body

2016 DIGILAW 89 (CAL)

In the matter of : Samim Chowdhury v. .

2016-01-27

ANIRUDDHA BOSE, SANKAR ACHARYYA

body2016
JUDGMENT : The petitioner is seeking bail in Pursurah Police Station Case No.116 of 2015 dated 22.08.2015 relating to offence under Sections 376(2)(i)/120B of the Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences Act, 2012. 2. Heard learned Advocates appearing for the petitioner and the State. 3. Perused the Case Diary. 4. One of the grounds on which bail is prayed for on behalf of the petitioner is that the charge-sheet in this case was filed beyond the statutory period. This fact is conceded by the learned Public Prosecutor. 5. It is also pointed out by the learned Advocate for the petitioner that before filing of charge-sheet but after the statutory period was over, the petitioner had prayed for bail before learned Court below, which plea was kept in abeyance and thereafter, rejected after filing of the charge-sheet. 6. It is also brought to our notice by the learned Public Prosecutor that the charge-sheet in this case was made ready on 20th November, 2015 but was not filed in Court before 26th November, 2015. We have also considered the materials contained in the Case Diary. Having regard to the materials contained in the Case Diary, and the fact that charge sheet has already been filed and the petitioner is in custody since 23rd August 2015, we are of the view that this is a fit case for grant of bail. We, accordingly, direct that the petitioner be released on bail on furnishing a bond of Rs. 10,000/- (rupees ten thousand) only with two sureties of Rs.5,000/- (rupees five thousand) each, one of whom shall be local, to the satisfaction of learned Judge, Special Court under the Protection of Children from Sexual Offences Act, Hooghly at Chinsurah. The grant of bail to the petitioner shall be subject to further condition that he shall not enter the territorial area of Khanakul Police Station till conclusion of trial without leave of the learned Trial Court. During the period the petitioner is required to remain outside the territorial area of the Khanakul Police Station, upon grant of bail, the petitioner shall inform the Officer-in-charge of Khanakul Police Station in writing the address of the house where he would be residing and his contact telephone number. 7. During the period the petitioner is required to remain outside the territorial area of the Khanakul Police Station, upon grant of bail, the petitioner shall inform the Officer-in-charge of Khanakul Police Station in writing the address of the house where he would be residing and his contact telephone number. 7. The Trial Court shall cancel the bail of the petitioner in the event there is breach of any of the aforesaid conditions, without any further reference to us. 8. We also direct the Superintendent of Police, Hooghly to cause an enquiry as to why there was delay in filing the charge sheet in Court, even though this was prepared within the statutory period. If, upon making such enquiry, he considers it necessary to take disciplinary measure against any officer of the force, he shall take such measures. 9. The prayer for bail of the petitioner is allowed in the above terms. 10. Let a copy of this order be sent to the Superintendent of Police, Hooghly by the department. 11. Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.