Dilip Mandal v. State Of West Bengal

28.03.2022 Serial no. 103 Aloke Ct. No. 29 CRM (DB) 518 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Kulti Police Station Case No. 387 of 2021 dated 05.08.2021 under Sections 3/4/5 of the ITPA Act, and Sections 366A/366B/370/370A/373/120B of the Indian Penal Code and Section 4/6 of the POCSO Act and added Sections 6/7/9 of the ITPA Act and under Section 17 of the POCSO Act. -AndIn the matter of : Dilip Mandal

...Petitioner

Mr. Ayan Basu, Advocate Mr. Sk. Salim, Advocate Mr. Sumit Routh, Advocate ... ... For the Petitioner Mr. Madhusudan Sur, ld. APP Mr. Dipankar Paramanick, Advocate ... ...For the State Petitioner seeks parity with that of other co-accused who was granted bail on March 15, 2022 in CRM (DB) 566 of 2022.

Learned Advocate appearing for the State opposes the prayer for grant of bail.

Considering the fact that the petitioner can claim parity with regard to other co-accused who was granted bail in CRM (DB) 566 of 2022, we are inclined to enlarge the petitioner on bail.

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 Judge, Special Court under POCSO Act, Asansol, 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) 518 of 2022 is disposed of.

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