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Calcutta High CourtCRM (DB)/974/2023allowed

Rajendra Jana @ Raju v. State Of West Bengal And ORS.

2023-03-20Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

20.03.2023 tkm/ct 28 C.R.M. (DB) 974 of 2023 sl no. 59 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Mandarmoni Coastal PS case no. 47 of dated 2.11.2019 under sections 366A/368/370/372/373/120B/34 IPC and sections 3/4/5/6/7/9 of the Immoral Traffic (Prevention) Act and under sections 4/17/21 of the POCSO Act and Allowed In Re : Rajendra Jana @ Raju ...... petitioner Mr. A Karmakar Mr. A K Bhowmick ...... for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee ...... for the State Petitioner is in custody for more than a year. Vulnerable witness has been examined. Co-accuseds are on bail. He prays for bail.

Learned lawyer for the state opposes the bail prayer. We have considered the materials on record. Vulnerable witness has been examined. Co-accuseds are on bail. Under such circumstances, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner 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 Additional Sessions Judge cum Special Court, 1st Court, Contai on condition that the petitioner 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 he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 974 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)