Subhankar Mondal v. The State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction Appellate Side 13-03-2024 Item no.2 bail allowed CRM (SB) 33 of 2024 Subhankar Mondal -vsThe State of West Bengal and anr.

In Re: An application for bail under Section 439 of the code of Criminal Procedure, 1973 filed on 05-03-2024 in connection with Hanskhali P. S. Case No. 1011 of 2022 dated 10-10-2022 under Sections 341/354/354A of the Indian Penal Code and U/s. 8/10 of the POCSO Act. Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose ...for the petitioner.

Mr. Arijit Ganguly Mrs. Manasi Roy ... for the State.

Learned advocate for the petitioner submits that the petitioner is in custody for about 65 days and the investigation of the case has already been concluded. Learned advocate additionally submits that having regard to the period of detention and the nature of the case which reflects previous enmity, petitioner should be released on bail on any stringent conditions.

Mrs. Roy, learned advocate appearing on behalf of the State produces the case diary. Learned advocate for the State draws the attention of this court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. Having considered the materials appearing in the case diary and the statement of the victim, I am of the view that further detention of the petitioner is unwarranted and the petitioner may be released on bail. Accordingly, the prayer for bail of the present petitioner is

allowed.

Petitioner shall be released on bail by furnishing a bond of Rs.10,000/-(Rupees ten thousand only) with two sureties of like amount each, one of whom must be local, subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia. If on bail, the petitioner shall meet with the Officer-in-Charge, Hanskhali PS or any officer deputed by him once in a fortnight till further orders of this court. A report of compliance on each and every month be sent by the Inspector-in-Charge of Hanskhali PS to the learned special court under the POCSO Act, Ranaghat, Nadia Accordingly, CRM (SB) 33 of 2024 is disposed of. All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities. [Tirthankar Ghosh, J]