Ashish Sardar v. State Of West Bengal

AD 03.03.2022 Ct. No.29 (Allowed) C.R.M. (DB) 608 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chakdah P.S. Case No. 16 of 2022 dated 05/01/2022 under Section 363 with added Section 365 of the Indian Penal Code, 1860 and Section 4 of the Protection of Children from Sexual Offences Act, 2012. And In the matter of: Ashish Sardar ....petitioner.

Mr. Shibaji Kumar Das Ms. Rupsa Sreemani ...for the petitioner.

Mr. Binay Panda Ms. Puspita Saha ...for the State.

Petitioner seeks bail.

Considering the period of detention of the petitioner and considering the age of the petitioner and considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and considering the materials that the petitioner relied upon to claim that there was a relationship between the petitioner and the victim, we grant bail to the petitioner. Accordingly, the petitioner 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, Kalyani, Nadia, subject to the condition that during bail the petitioner shall appear before the learned trial court on the date fixed till disposal of the trial and the petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to comply with the conditions

as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail being C.R.M. (DB) 608 of 2022 is, thus, disposed of.

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