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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