Subir Biswas v. State Of West Bengal And ANR

20.02.2024.

27.

Ct.No.28.

as (Allowed) C.R.M. (DB) 150 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ranaghat Womens P.S. Case No.30 of 2020 dated 01.05.2020 under Sections 376(2)(f)/376(2)(i) of the Indian Penal Code and Section 4 of the POCSO Act.

In the matter of : Subir Biswas.

.... Petitioner.

Mr. Prabir Majumder, Mr. S. Majumder.

...for the Petitioner.

Mr. Avishek Sinha.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Petitioner is in custody for three years and nine months. Victim has not implicated him in her deposition.

3.

In view of the aforesaid development and the period of detention suffered by him, we are inclined to grant bail to the petitioner.

4.

Accordingly, the petitioner viz., Subir Biswas 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 Additional District and Sessions Judge, Ranaghat, Nadia subject to condition that he 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.

5.

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

6. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)