Sanjit Halder v. State Of West Bengal And ANR

07.02.2023.

25.

Ct.No.28 as (Allowed) C.R.M. (DB) 465 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliganj P. S. Case No.671 of 2022 dated 16.10.2022 under Sections 363/365 of the Indian Penal Code and Section 6 of the POCSO Act. In the matter of : Sanjit Halder.

.... Petitioner.

Mr. Ashok Das, Mr. Amanul Islam, Mr. Sourav Mukherjee.

...for the Petitioner.

Mr. Shiladitya Banerjee.

...for the State.

Petitioner is in custody for 85 days. It is submitted there was a love affair between the parties. He prays for bail. Affidavit of service filed in Court today be kept on record. Nobody appears for the victim.

Learned Advocate for the State opposes the bail prayer. We have considered the materials on record. Statement of the victim shows there was a love affair between the parties. In view of the aforesaid fact, period of detention suffered by the petitioner and as investigation is complete, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner viz., Sanjit Halder 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 Judge, Special Court under the POCSO Act, Krishnanagar, 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. 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.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)