Swapan Hemram And ANR v. State Of West Bengal And ANR

09.02.2023 tkm/ct 28 C.R.M. (DB) 553 of 2023 sl no. 34 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Debra P.S case no.410 of 2022 dated 22.8.2022 under sections 448/342/376D/386/506/509/323/325/34 IPC and section 6 of the POCSO Act and Allowed In Re : Swapan Hemram & Anr.

...... petitioners Mr. Ramashish Mukherjee Mr. J. Alam Sk. Nezamuddin ...... for the petitioners Ms. S Bapuli Mr. Arani Bhattacharya ...... for the State Victim has been notified. Affidavit of service is filed. Nobody appears for the victim.

We have considered the materials on record. Co-accuseds are on bail. Petitioners stand on the same footing with the coaccuseds. Under such circumstances, we are inclined to extend the same privilege to the petitioners also.

Accordingly, the petitioners be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount each, one of whom must be local to the satisfaction of the learned CJM, Paschim Medinipur on condition that the petitioners shall appear before the trial court on every date of hearing 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 being CRM (DB) 553 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)