Rohit Sahani v. State Of West Bengal

BR 15.1.

CRM 233 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bauria P.S. Case No. 108 of 2019 dated 05.07.2019 under Section 147/148/149/447/506/427/354B/325/323/379 of the Indian Penal Code and Section 3/4 E.S. Act and 12 of POCSO Act.

In the matter of :Rohit Sahani .... Petitioner Ms. Manjuli Chowdhuri, Ms. Mousumi Chowdhuri, Ms. Tina Biswas .... For the petitioner Mr. Rana Mukherjee, Ld. A.P.P.

Mr. Santanu Chatterjee, ... for the State Upon hearing the learned advocate for the petitioner and the learned P.P. in-Charge and also on perusal of the materials on record as well as the case diary, specially the statement of the victim under Section 164 of the Code of Criminal Procedure , I prima facie do not find any material under Section 354B or Section 12 of the POCSO Act against the petitioner, namely, Rohit Sahani. The co-accused persons were also enlarged on anticipatory bail .

For the reasons stated above, the petitioner be enlarged on bail of Rs. 5,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Howrah and with further condition that while on bail he shall meet the investigating officer of this case once in a fortnight and shall file an affidavit to the investigating officer stating the residential address where he would live during the period of investigation and trial. He shall not induce or threatened the witnesses of this case or anyway hamper the process of investigation

while he will be on bail.

Violation of any of the conditions will entail the learned Chief Judicial Magistrate to cancel the bail without further reference to this Court.

( Bibek Chaudhuri, J. )