DB) No. 297 of 2025 · Calcutta High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 ss. 317, 439
- Bharatiya Nagarik Suraksha Sanhita, 2023 ss. 355, 483
- Indian Penal Code, 1860 ss. 363, 365
- Protection of Children from Sexual Offences Act, 2012 s. 6
- Prohibition of Child Marriage Act, 2006 s. 9
Key paragraphs
- Para 55. On an overall assessment of the facts and circumstances of the case and the material-on-record, we are of the view that further custodial detention of the petitioner is not necessary.
- Para 66. Accordingly, we direct that the petitioner, namely, Prasenjit Ghosh @ Prosenjit Ghosh shall be released on bail upon 2 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…
Judgment
Mr. Tapodip Gupta, ……for the Petitioner. Mr. Avishek Sinha, Ms. Rituparna Saha, ……for the State Dictated by Arijit Banerjee, J.
We have seen the deposition of the victim girl. We do not want to comment on the merits of the case. However, there appears to have been some kind of a relationship between the petitioner and the victim girl at some point of time.
The examination of the victim girl and her mother is complete. In other words, the vulnerable witnesses have been examined.
We also see that the victim girl refused medical examination.
The petitioner is in custody for over a year.
On an overall assessment of the facts and circumstances of the case and the material-on-record, we are of the view that further custodial detention of the petitioner is not necessary.
Accordingly, we direct that the petitioner, namely, Prasenjit Ghosh @ Prosenjit Ghosh shall be released on bail upon 2 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 condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973/Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023 until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever..
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 petitioner’s bail in accordance with law without further reference to this court.
The application for bail is, accordingly, allowed.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Om Narayan Rai, J.) (Arijit Banerjee, J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.