Sanjoy Sardar v. State Of West Bengal

20.04.2022 Serial no. 71 [Dd] (Bail allowed) CRM (DB) 1030 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Joynagar Police Station Case No. 812 of 2021 dated 03.12.2021 under Sections 363/365/368 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act. SPL Case No. 190 of 2021.

-AndIn the matter of : Sanjoy Sardar ... ... Petitioner Mr. Manwar Hossain, Ms. Prithu Ghosh, Advocates ... ... For the Petitioner Mr. P.k. Dutta, Mr. S. D. Ray, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 130 days. The police filed charge sheet and, therefore, further detention of the petitioner is not required. He submits that there was a love relationship between the petitioner and the victim. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement of the victim recorded under Section 164 of the Criminal Procedure Code.

In her statement, the victim acknowledges the relationship between her and the petitioner. She submits that she went voluntarily with the petitioner. Considering the period of detention of the petitioner and considering the fact that police filed charge sheet and

considering the statement of the victim recorded under Section 164 of the Criminal Procedure Code, we are inclined to grant bail to the petitioner.

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, Baruipur, South 24 Parganas 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) 1030 of 2022 is disposed of.

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