Vinita Baid v. State Of West Bengal And ANR

16.01.2024 sdas Allowed C.R.M. (DB) No. 119 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Baguiati Police Station Case No. 91 of 2023 dated 21.02.2023 under Sections 376E/323/120B/506 of the Indian Penal Code and Sections 6/17 of the POCSO Act.

And In Re : Vinita Baid ....... petitioner Mr. Bibaswan Bhattacharjee Mr. Anindya Ghosh .....for the petitioner Mr. Tanmoy Kumar Ghosh Ms. Mayukhi Mitra .....for the State Mr. Sourav Mukherjee ..... for the de facto complainant

1. Learned Counsel for the petitioner submits she is the mother of the victim girl. It is also submitted she had been falsely implicated in the case due to a family strife. She is in custody for 328 days. She prays for bail.

2. Learned Counsel for the State opposes the prayer for bail.

3. Learned Counsel for the de facto complainant also opposes the bail prayer.

4. We have considered the materials on record. Petitioner is a widow. Victim is her daughter. It is alleged victim had been raped by one Suman Jha, a friend of the petitioner. Petitioner contends there is dispute between her and

in-laws after death of her husband. Hence, she has been falsely implicated. However, minor stated that the petitioner used to rebuke her and compel her to mix with Suman Jha. Probability of two rival versions may be assessed during trial. Possibility of false implication due to prior domestic animosity cannot be wholly ruled out. There is no chance of her abscondence. Under such circumstances we are inclined to grant bail to the petitioner.

5. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Special Judge, POCSO Court at Barasat, North 24 Parganas, subject to condition that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

6. In the event petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel her bail in accordance with law without further reference to this Court.

7. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)