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Calcutta High CourtCRM (DB)/112/2022allowed

Sujay Naskar Alias Bhola v. State Of West Bengal

2022-02-02Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

02.02.2022 Sl. 45 Court No.29 suvayan (Allowed) C.R.M. (DB) 112 of 2022 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 10.01.2022 in connection with Maipith Coastal P.S. Case No. 24 of 2020 dated 27/02/2020 under Sections 363/365 of the Indian Penal Code read with added Sections 4/5 of the Protection of Children From Sexual Offences Act.

And In the matter of: Sujay Naskar @ Bhola ....petitioner.

Gazi Faruque Hossain ...for the petitioner.

Mr. P. K. Datta Mr. Santanu Deb Roy ...for the State.

Petitioner seeks bail.

Considering the statement of the victim recorded under Section 164 of the Criminal Procedure Code where the victim stated that she voluntarily left with the petitioner and that she was not violated and that there was a marriage between the victim and the petitioner and considering the period of detention of the petitioner and considering the fact that the police filed charge-sheet, we grant bail to the petitioner.

Accordingly, the petitioner 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 Judge, Special Court under POCSO Act at Baruipur, South 24 Parganas subject to the condition that during bail he shall appear before the learned trial court on the date fixed till disposal of the trial and he shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with the conditions

as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail being C.R.M. (DB) 112 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)