Nirmal Mondal And ANR v. State Of West Bengal And ANR

25.01.2023 Sl. No.35 akd [ALLOWED] C. R. M. (DB) 297 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 17.01.2023 in connection with Tarakeswar Police Station Case No.224 of 2022 dated 19.09.2022 under Sections 376AB/313/34/201 of the Indian Penal Code and Section 6 of the POCSO Act.

And In Re: Nirmal Mondal & Anr.

... Petitioners Mr. Rabi Sankar Chattopadhyay Mr. Uday Sankar Chattopadhyay Mr. Sayan Chattopadhyay Ms. Trisha Rakshit Mr. Rajashree Tah ... for the petitioners Mr. Sudip Ghosh Mr. Bitasok Banerjee ... for the State Petitioners are the parents of the principal accused who is a juvenile. It is submitted on behalf of the petitioners that they are in custody for about 127 days. Investigation is complete. Learned Advocate for the State opposes the prayer for bail and submits petitioners illegally aborted an unborn child. We have considered the materials on record. Petitioners are the parents of the juvenile in conflict with law as well as the child victim.

In view of the aforesaid peculiar circumstance and the extent of complicity of the petitioners in the alleged crime, we are of the opinion further detention of the accuseds/petitioners is not necessary. Therefore, the accuseds/petitioners, namely (1) Nirmal Mondal & (2) Mamata Mondal, be released on bail upon furnishing a bond of Rs.

Chandannagar, Hooghly subject to condition that the said petitioners 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.

In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)