Rintu Bauri v. State Of West Bengal And ANR

01.05.2023.

29.

Ct.No.28 as (Allowed) C.R.M. (DB) 1503 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Indpur P. S. Case No.107 of 2022 dated 10.10.2022 under Sections 363/365 of the Indian Penal Code and charge sheet submitted under Sections 363/365/376(2)(n) of the Indian Penal Code and Section 6 of the POCSO Act.

In the matter of : Rintu Bauri.

.... Petitioner.

Mr. Arkaprabho Roy, Mr. Rhiddhiman Mukherjee.

...for the Petitioner.

Mr. Swapan Banerjee, Mr. Anindya Sundar Chatterjee.

...for the State.

Mr. Nitish Samanta.

...for the victim girl.

Notice is placed on record. Victim is represented by his lawyer. She does not opposes the bail prayer. She has turned hostile in Court.

Under such circumstances, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner viz., Rintu Bauri shall 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 Judge, Special Court under the POCSO Act, Khatra, Bankura subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses 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 his bail in accordance with law without further reference to this Court.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)