District : South 24 Parganas
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS
JURISDICTION
CRM
No. of 2020
IN
THE MATTER OF :
An
application under Section 439, of Code of Criminal Procedure’ 1973, for Bail ;
A
N D
In
the matter of :
SPL
S.T. no. 11(3) 2019 { SPL Case no. 289 of 2018 ), arising out of Nodakhali
Police Station Case no. 326 of 2018, dated 27-11-2018, under Section 376 (2)
(i), & 365 of the Indian Penal Code’ 1860, and Section 4 & 6 of POCSO
Act’ 2012;
A
N D
In
the matter of :
Shri
Gokul Adhikari @ Gokul Adhikary, Son of Late Adhar Chandra Adhikari, residing
at Village – Purba Nischintapur, Post Office & Police Station – Budge
Budge, District – South 24 Parganas. { in Jail since 27-11-2018 }.
_______Petitioner
-
Versus -
The
State of West Bengal
______Opposite Party
To,
The Hon’ble Thottathil B.
Radhakrishnan, Chief Justice and His Companion Justices of the said Hon’ble
Court.
The
humble petition of the petitioner above named most respectfully;
S H E W E T H :
1.
That the Petitioner has been arrested
as on 27-11-2018, and consequently produced before the Learned Special Court 2nd
Additional District Session Judge, at Alipore, South 24 Parganas, and since
then the petitioner is in Jail Custody. The Learned Court below lastly on
17-12-2019, has rejected Bail Application. This is the Second Time Bail
application filed before the Hon’ble High Court, by the Petitioner. The Hon’ble
High Court lastly rejected the First Bail Application on 24-02-2020, in CRM no.
2039 of 2020.
2.
That the FIR has been registered as
FIR no. 326 of 2018, by the Officer in Charge of the Nodakhali Police Station
as on 27/11/2018, following the arrest of the petitioner, and the said FIR
registered for the alleged offences committed to be punishable under Section
376 (2) (i), & 365 of the Indian Penal Code’ 1860, and Section 4 & 6 of
POCSO Act, the said FIR registered upon the Complaint of One Gita Samanta,
solely against her Son in Law Basudev Das, whereas the victim is her allegedly
minor girl and sister in law of the said Basudev Das. The said FIR did not name
the present petitioner, Shri Gokul Adhikary @ Gokul Adhikari.
3.
That in Nodakhali Police Station Case
no. 326 of 2018, dated 27-11-2018, under Section 376 (2) (i), & 365 of the
Indian Penal Code’ 1860, and Section 4 & 6 of POCSO Act, the Police
submitted Charge Sheet being no. 07 of 2019, dated 22/01/2019, and wherein the
Police Charge sheeted the petitioner Gokul Adhikari @ Gokul Adhikari, and
Basudeb Das, and Ganesh Das, charged under Section 376 (2) (i), & 365 of
the Indian Penal Code’ 1860, and Section 4 & 6 of POCSO Act, which has not
been in the FIR, initially.
4.
That the Petitioner time and again
seeks to release on Bail before the Learned Special Court 2nd
Additional District & Session Judge, alipore, South 24 Parganas, in the
said Nodakhali Police Station Case no. 326 of 2018, dated 27-11-2018, under
Section 376 (2) (i), & 365 of the Indian Penal Code’ 1860, and Section 4
& 6 of POCSO Act, but denied and therefore the petitioner continuously is
in Jail Custody, since the date of his arrest by the Police, i.e. 27-11-2018.
5.
That it is pertinent to states that
the Petitioner’s bail application has been lastly denied on 17-12-2019. However
on another accused namely Ganesh Das is on Bail. The principle accused Basudeb
Das has recently granted bail by this Hon’ble Court on 01-07-2020, in CRM no.
4676 of 2020. Photocopy of Certified copy of Order dated 17-12-2019, passed in
Special ST no. 11(03) 2019, is enclosing herewith this application, and Website
copy of the Order dated 01-07-2020, in CRM no. 4676 of 2020, is enclosing
herewith, and Collectively marked as Annexure as “P-1”.
Petitioner
crave leave of the Hon’ble Court to produce copy as served by the Learned Court
below, at the time of hearing, if require.
6.
That it is pertinent to states that
the Charged against this petitioner has been framed under Section 365 of Indian
Penal Code’ 1860, and under Section 4 & 17 of POCSO Act’ 2012.
7.
That the alleged allegation of the
defacto complainant as has been canvassed in the letter of complaint, is false
and fabricated one, though the defacto complainant in arm twisting trying to
put Criminal recourses of Law into motion against your Petitioner.
8.
That your Petitioner most humbly submits
that he is no way connected with the alleged commission of offence and it is
also most humbly submits that if there is any disputes, the disputes is outcome
of a political interest and issues thereof and as such no criminal element is
there for which your petitioner could be kept behind the bar.
9.
That your Petitioner specifically
denies the statements and allegations contained in the complaint and states
that he is innocent and he did not commit any offence as alleged by the
complainant.
10.
That Your Petitioner states that he
has been falsely implicated by the complainant. Your petitioner is an old aged
citizen, presently suffering from different old aged ailment, and in the
circumstances of spread of pandemic of COVID – 19 at its highest in the State,
he seeks to get release on bail at any terms and conditions, in the necessity
to save his life from COVID-19.
11.
That Your petitioner states that there
is no chance of ascendance and / or tampering with evidences, if Your
petitioner released on bail at any terms and conditions, thereof.
12.
That the petitioner states that the
Charge of offences are groundless and it has been leveled against him with a
mala fide intention for humiliating him.
13.
That Your petitioner states that the
accusation leveled by the complainant stem not from motive of furthering the
ends of justice but from some ulterior motive and as such if the petitioner is
not released on bail, the very object of
release on bail, will become in fructuous.
14.
That your petitioner belongs from a
mediocre family, who run his family with his meager income.
15.
That your petitioner states that the
content of complaint of the defacto complainant, does not disclose and or
describe any particular offence or cause of offence against your petitioner.
16.
That your petitioner is innocent and
committed no offence and have been falsely implicated in this case.
17.
That the allegations made against your
petitioner is totally false, fabricated and motivated one.
18.
That Since the Charge Sheet submitted
by Police, the Investigation over by conducting every possible search, and
seizure thereof thus the detention of your petitioner become unwarranted and
not necessary.
19.
That your Petitioner undertake to
comply with all such direction as may be determine by the Hon’ble Court in the
event of releasing him on bail at any terms and conditions, thereof in the
interest of administration of justice.
20.
That your petitioner is a peaceful
person in his locality having his permanent resident and no chance of his
absconding and or evading the due process of Law.
21.
Unless the order as prayed for is
passed your petitioner will suffer irreparable loss and injury.
22.
That this application is made bona
fide and for the ends of justice.
In the circumstances stated
herein above your petitioner most humbly pray that your Lordships would
graciously be pleased to direct the release on bail to your petitioner in
connection with SPL S.T. no. 11(3) 2019
{ SPL Case no. 289 of 2018 ), arising out of Nodakhali Police Station Case no.
326 of 2018, dated 27-11-2018, under Section 376 (2) (i), & 365 of the
Indian Penal Code’ 1860, and Section 4 & 6 of POCSO Act’ 2012, pending
before the Learned Special Court of 2nd Additional District Session
Judge, alipore, South 24 Parganas, and or pass such other order or orders as to
your Lordship may deem fit and proper for the end of justice.
And the Petitioner, as in duty bound
shall ever pray.
A F F I D A V I T
I, Shri Ramen Adhikary, Son of Shri Gokul Adhikari @ Gokul Adhikary,
aged about 33 year, by Occupation Service, sresiding at Village – Purba
Nischintapur, Post Office & Police Station – Budge Budge, District – South
24 Parganas, West
Bengal, do hereby solemnly affirm and say as follows:
1)
That
I am younger Son of the petitioner, 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 no. 1 to 16 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 and the rests are my humble submissions
before the Hon’ble Court.
Prepared
in my Office The
Deponent is known to me
Advocate Identified
by me,
Advocate
DISTRICT: South 24 Parganas
|
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IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
C. R. M. No. of 2020
In the Matter of
An application for
bail under Section 439 of the Code of Criminal Procedure 1973 ;
And
In the
Matter of
Shri Gokul
Adhiakry @ Gokul Adhikari,
….. Petitioner
Versus
State of West Bengal,
……… Opposite Party
Ashok
Kumar Singh.
Advocate,
Bar
Association, Room No. 15,
High Court, Calcutta,
Mobile No. 9883070666.
Email : aksinghadvocate@rediffmail.com
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