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application under section 439 of criminal procedure code 1973

 

District : Hooghly

In the Court of the Learned Additional District & Session Judge, at Serampore, District Hooghly.

{ Vacation Bench }

 

                                            CMC no.                             of 2021

 

                                               In the matter of :

An application for BAIL under Section 439 of Criminal Procedure’ 1973, in connection with Serampore Police Station Case no. 153 of 2021, corresponding to Special POCSO Case no. 12 of 2021, under Section 354A of Indian Penal Code’ 1860, & Section 8 of POCSO Act 2012, pending before Learned 1st Court of Additional District Session Judge, Serampore, Hooghly;

                                               

                                                A N D

 

                                                In the matter of :

Sri Anurag Basak, Son of Shri Nayan Basak, aged about 25 years, residing at Village & Post Office – Bankadaha, Police Station – Bishnupur, District Bankura, Pin - 722164.

                                                                   ________Petitioner ( in Jail )

-      Versus –

State of West Bengal,

                             _________Opposite Party

 

The humble petition of the above named petitioner being alleged accused most respectfully;

 

Sheweth as under :

 

1.  That Your Petitioner Shri Anurag Basak, has been arrested on 28th day of April’ 2021, in connection with Serampore Police Station Case no. 153 of 2021, corresponding to Special POCSO Case no. 12 of 2021, under Section 354A of Indian Penal Code, and Section 8 of POCSO, and consequently produced before the Learned Court on 28th day of April’ 2021. No Bail application was moved on that day, therefore the Learned Court was pleased to send him on remand till 11-05-2021.

 

2.  That it is pertinently stated that on 30-04-2021, one Put-up petition together with a petition for bail prayer was placed by the alleged accused person, which the Learned Court was pleased to direct for the production of CD by the prosecution and hearing was adjourn till next date, i.e. on 04-05-2021. Due to pandemic situation summer vacation has been preponed. As such vacation has been started on and from 03-05-2021 and it will continue upto 15-05-2021. Therefore the said bail application is pending and the case of the petitioner could not be presented before the Learned Court, and the petitioner is in custody without being heard since the date of his arrest and the period of his custody in jail comes as of 14 ( Fourteen ) days, till 11th day of May’ 2021.

 

3.  That this application is being moved in this pandemic situation since your petitioner is innocent and he does not have any iota of knowledge about the alleged offences against him.

4.  That it is pertinently stated that the alleged FIR being no. 153 of 2021, has been made on 28th day of April’ 2021, at about 1:05 am at Serampore Police Station and subsequently on such even day i.e. 28th day of April’ 2021, your petitioner has been arrested by the Police at about 3 : 15 am, at Serampore, as appeared from the Memo of Arrest. The incident has been shown being occurred at about 8 p.m. on 27th day of April’ 2021, at Railway Ticket Booking Counter of Serampore Railway Station.

 

5.  That it is pertinently stated that the Defacto Complainant is a minor with 17 years of age. She wrote complaint herself. She is residing at Makhla, Uttarpara, which have distance as of 14-15 Km from the Serampore Railway Station. The witnesses in the seizure lists of the defacto complainant and of the accused are all from the Uttarpara. 

 

6.  That further it is pertinently stated that the medical and statement under Section 164 of Cr.P.C. has been conducted on 28th day of April’ 2021.

 

7.  That your petitioner pertinently submits that the petitioner has never involved in such alleged crime as suggested by the prosecution, in the present criminal proceeding before the Learned Court. Your petitioner is a victim of the circumstances framed by the defacto complainant and her associates from Uttarpara.  The petitioner was asked to visit Serampore Railway Station under threat. Petitioner was mercilessly beaten up by the goons of the defacto complainant as a result of which he received injury on his head and body, which is evident from the medical report. Your petitioner is innocent and he did not commit any offence more particularly offence as alleged by the minor defacto complainant.

 

8.  That your petitioner is in jail custody for 14 ( Fourteen ) days in  jail custody, and whereas Police has seized Mobile and other articles from the possession of your petitioner and interrogated sufficiently and therefore in such circumstances of the facts, the petitioner seeks to get his release on bail at any terms and conditions as may be set forth by the Learned Court in the interest of administration of justice.

 

9.  That your petitioner is a permanent resident and of good reputation, thus there is no chance of his absconding.

 

10. That your petitioner undertake to perform all and any other terms and or directions as may be given and or set forth by the Learned Court in the event of granting his release on bail, in the interest of administration of justice.

 

11. That unless the Learned Court grant release of your petitioner at any terms and or conditions of Bail, your Petitioner will highly prejudice and suffer with irreparable loss and injury, thereof.

 

12. That the balance of convenience and or inconveniences are in favour of your petitioner, and the Complainant and the defacto complainant will not prejudice, thereof.

 

13. That this application is made bonafide and in the interest of administration of justice.

 

It is therefore prayed that your Honour would graciously be pleased to allow this application for Bail and to release of the petitioner, in connection with Serampore Police Station Case no. 153 of 2021, corresponding to Special POCSO Case no. 12 of 2021, under Section 354A of Indian Penal Code’ 1860, & Section 8 of POCSO Act 2012, pending before Learned 1st Court of Additional District Session Judge, Serampore, Hooghly, at any terms and conditions, as may be determined by the Learned Court in the interest of administration of justice, and or to pass such other necessary order or orders as your Honour may deem, fit and proper for the end of justice.

 

And for this act of kindness, the Petitioner, as in duty bound shall ever pray.

 

 

 

 

 

A F F I D A V I T

 

I,  Shri Nayan Basak, Son of Late Dhirendranath Basak, aged about 54 years, by faith Hindu, by Occupation Business, residing at Village & Post Office – Bankadaha, Police Station – Bishnupur, District Bankura, Pin - 722164. West Bengal, do hereby solemnly affirm and say as follows:

 

1)           That I am father of the petitioner, and being “Tabirkar” of the instant case. I am well-acquainted with the facts and circumstances of the case and as such I am competent to affirm this affidavit on behalf the petitioner.

 

2)           That the statements made in the foregoing Paragraphs of this petition are true to my information derived from the petitioner and the records of the case, which I verily believe to be true.

 

 

 

 

 

 

Prepared in my Office                                       DEPONENT                                    

 

Advocate                                               Identified by me,

 

                                                                   Advocate

                                                                            

                   N O T A R Y

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