3 days ago
Woman seeks bail for live-in partner she charged with abuse of minor daughter
Kolkata: In a bizarre turn of events, a Salt Lake-based entrepreneur, who lodged a complaint against her live-in partner for allegedly abusing her minor daughter leading to his arrest under Pocso charges, pleaded for his bail in Calcutta High Court on Tuesday because her "child misses her father (the live-in partner)".
The woman told the HC that while her partner "is dying in prison", she was "dying outside". The court granted bail to the accused, who is at Dum Dum Central Jail since Aug 8, 2024, stating that "there is no immediate chance of conclusion of trial".
Moving the bail plea before Justice Prasenjit Biswas, senior advocate Phiroze Edulji argued that Pocso charges were being "weaponised" in this case. Edulji said the woman met the accused in prison, and the minor daughter, who was allegedly abused, refused to corroborate the claims before the trial court.
The state had to declare the child a "hostile witness", he said.
The state counsel opposed the bail plea, citing several "incriminating documents" about the involvement of the accused in the crime. The state argued that it would be risky to grant bail when the trial was ongoing, and that the accused could tamper with evidence.
Edulji said: "The woman said she lodged the complaint in a fit of rage. Her daughter, she said, misses her partner."
"Failure to conclude the trial within a reasonable time resulting in prolonged incarceration militates against the precious fundamental right guaranteed under Article 21 of the Constitution," Justice Biswas said.
The court noted that the victim girl (PW1), who already deposed before the trial court, was examined on Jan 8, 2025. It also noted that the victim girl was declared "hostile" by the prosecution, and nothing came out after her cross-examination.
It was also noted that the de facto complainant didn't turn up in trial court on several dates despite receiving summons, the latest being on May 7.
Justice Biswas directed the accused to furnish a bail bond of Rs 20,000 and directed him to appear before the Pocso special court, Barasat, on each hearing date. The court also asked him to stay outside the jurisdiction of Bidhannagar Police Commissionerate until further orders.
