Kishan Roy v. State Of West Bengal

23.03.2022 Serial no. 94 [Dd] (Bail allowed) CRM (DB) 433 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Uluberia Police Station Case No.

of dated 08.09.2021 under Sections 363/366/365/376(3)/34 of the Indian Penal Code and 4 of the Protection of Children from Sexual Offences Act & Section 9 of the Prohibition of Child Marriage Act, 2006.

-AndIn the matter of : Kishan Roy ... ... Petitioner Mr. Soumya Basu Roy Chowdhuri, Advocate ... ... For the Petitioner Mr. Sudip Ghosh, Mr. Bitasok Banerji, Advocates ... ...For the State Considering the statement of the victim recorded under Section 164 of the Criminal Procedure Code where she acknowledges a relationship between her and the petitioner and considering the period of detention of the petitioner and his age and in view of the fact that police filed charge sheet, we are inclined to grant bail to the petitioner.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Uluberia, Howrah subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate

witnesses and/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 the bail of the petitioner in accordance with law without further reference to this Court. The prayer for bail of the petitioner is allowed. CRM (DB) 433 of 2022 is disposed of.

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