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Pulin Bihari Dey @ Pulin Chandra Dey & vs Unknown on 19 February, 2024

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Calcutta High Court (Appellete Side)

Pulin Bihari Dey @ Pulin Chandra Dey vs Unknown on 19 February, 2024

Author: Debangsu Basak

Bench: Debangsu Basak

19.02.2024
Serial no. 17
Anticipatory Bail
[Allowed]
Dd

CRM (A) 523 of 2024

In re : An Application for Anticipatory Bail under Section 438
of the Code of Criminal Procedure in connection with
Kharagpur Local Police Station Case No. 850 of 2023 dated
October 31. 2023 under
Sections 451/376/511/506/34 of
the Indian Penal Code, 1860 read with
Section 4 POCSO Act.

-And-

In the matter of : Pulin Bihari Dey @ Pulin Chandra Dey
Ors.

… … Petitioners

Mr. Navanil De,
Mr. Rajeshwar Chakraborty, Advocates
… … For the Petitioners

Ms. Rituparna De Ghose, Advocate
… …For the State

Mr. Satadru Lahiri,
Mr. Sourav Paul , Advocate
… …For the de facto complainant

Petitioners pray for anticipatory bail.
Learned advocate appearing for the petitioners submits
that the petitioners were falsely implicated. He draws the
attention of the Court that there is a proceeding, inter alia,
under Section 498A as well as three civil suits.

Learned advocate for the State draws the attention of
the Court to the statements recorded under
Section 164 of the
Criminal Procedure Code as well as to the other materials in the
case diary.

Learned advocate for the de facto complainant submits
that the contents of the petition under Section 156(3) of the
Criminal Procedure attracts Sections 376(3) as also
Section
376(A)(B) of the Indian Penal Code, 1860.

2

We perused the materials in the case diary.
Mother of the minor recorded a statement under
Section
164 of the Criminal Procedure Code which suggests, there was
an incident of assault for the purpose of ensuring that the
occupants in a room vacates it.

In an incident of assault, apparently, one person as
claimed by the mother of the victim, inserted his finger in the
private parts of the victim. The mother of the victim who
recorded a statement under
Section 164 of the Criminal
Procedure Code did not permit the minor victim to be medically
examined. Other corroborative materials are not available in the
case diary at this stage to corroborate the claim of the mother
of the victim of penetrative sexual assault on the minor. A
number of persons were involved in the assault.

There is a large issue of false implication given the
nature of the proceedings already pending between the private
parties.

In such circumstances, we grant anticipatory bail to the
petitioners.

Accordingly, we direct that in the event of arrest the
petitioners shall be released on bail upon furnishing a bond of
Rs.10,000/- (Rupees Ten Thousand Only) each, with two
sureties of like amount each, to the satisfaction of the arresting
officer and also be subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 and on
further condition that the petitioners shall report before the
Investigating Officer once in a month till the conclusion of the
investigation and on further condition that the petitioners shall
appear on every date before the jurisdictional Court on and
from the date fixed for appearance of the accused and in default
the jurisdictional Court will pass appropriate order to secure the
presence of the petitioners in Court including cancelling the
anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioners is allowed.

3

CRM (A) 523 of 2024 is disposed of.

After the order was dictated, learned advocate for the
petitioners submits that condition be imposed upon the
petitioners so that they stay outside the jurisdiction of the police
station.

Such submission adds to our conviction that the present
police case is one of false implication that that, the police
complaint revolves around civil disputes between the private
parties.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)

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