Debasish Das vs The State Of West Bengal & Anr
2023 Latest Caselaw 670 Cal

20.01.2023 S/L No.6 KS

C.R.A.(SB) 164 of 2022 With IA No. CRAN 1 of 2022

Debasish Das

-Vs.-

The State of West Bengal & Anr.

Mr. S. Dutta Mr. R. Bhattacharya .....For the Appellant/Petitioner Mr. D. Dutt Mr. S. Saha .....For the O.P. No.2 Mr. S. G. Mukherjee, Ld. P.P.

Mr. S. Chakraborty Mr. S. Dutta .....For the State

Mr. Dutta, learned advocate appearing for the

appellant/petitioner submits that the appellant/petitioner is in custody

for about a month and thereafter he was released on bail and there are

no complaints that the appellant/petitioner while on bail has misused

his liberty. The sentence so imposed on the appellant/petitioner,

according to the learned advocate appearing for the appellant/petitioner

being for a fixed period of time, he may be released on any condition.

Mr. Dipanjan Dutta, learned advocate appearing for the private

opposite party opposes the prayer for bail and submits that the

statement of the victim (s) would reflect that there was direct complicity

in respect of the offences complained of. Learned advocate submits that

the nature of evidence adduced by the defence by way of cross-

examination is a mere case of evasive denial and, as such, there is no

scope for the accused to be acquitted from the charges. He further

submits that releasing the appellant/petitioner at this stage may

jeopardize the appeal.

Mr. Saryati Dutta, learned advocate appearing for the State also

opposes the prayer for bail. Learned advocate submits that the

allegations against the present appellant/petitioner are serious. The

evidence is corroborative in nature and the learned Trial Court on an

assessment of the materials which surfaced in course of the trial has

been pleased to convict the appellant.

I have considered the materials appearing in the judgment of the

learned Trial Court as also the submissions advanced by each of the

parties. On an assessment of the same, I am of the considered view that

the merits of the case is to be adjudicated at the final stage of the

argument when the Paper Books are ready. The appellant/petitioner

was earlier on bail and he has never misused his liberty.

Having considered the same, I direct the appellant/petitioner to

be released on bail upon furnishing 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 Special Judge, POCSO,

Paschim Medinipur. If on bail, the appellant/petitioner shall stay

outside the jurisdiction of Daspur Police Station and shall enter into the

said jurisdiction only for the limited purpose of recording his

attendance. The Officer-in-Charge/Inspector-in-Charge, Daspur Police

Station would depute a police personnel of his/her choice who would

endorse on the attendance of the present appellant/petitioner. The

appellant/petitioner shall inform the Inspector-in-Charge/Officer-in-

Charge, Daspur Police Station as well as the Court regarding the

address where he would be residing. If there is any change in address,

the appellant/petitioner shall immediately inform the same to the

Inspector-in-Charge/Officer-in-Charge of Daspur Police Station and also

to the learned Special Court, POCSO, Paschim Medinipur, in the

alternative, the learned Court would be at liberty to cancel the bond of

the appellant/petitioner without making any further reference to this

Court.

Accordingly, IA No. CRAN 1 of 2022 is disposed of.

Department is directed to prepare the Paper Books by 1 st March,

2023.

List the appeal under the heading "To Be Mentioned" on 2 nd

March, 2023.

All parties are directed to act on the server copy of this order

downloaded from the official website of this Hon'ble Court.

(Tirthankar Ghosh, J.)