Rahul Kumar v. State Of West Bengal

18.05.2022 Ct. No. 29 KAUSHIK Allowed C.R.M. (DB) 1296 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kulti Police Station Case No. 387 of 2021 dated 05.08.2021 under Sections 3/4/5 of the I.T.P.A. Act, 1956 and under Sections 366A/366B/370/370A/373/120B of the Indian Penal Code and under Sections 4/6 of the POCSO Act and added Sections 6/7/9 of the I.T.P.A. Act, 1956 and added Section 17 of the POCSO Act.

And In Re : Rahul Kumar ...... petitioner Mr. Sk. Salim .....for the petitioner Mr. T. D. Nandy Mr. A. Basu ....for the de-facto complainant Mr. Bibaswan Bhattacharya ....for the State Considering the fact that the claim for parity made on behalf of the petitioner is not being disputed on behalf of the State, we extend the same facility to the petitioner. It is placed on record that the trial is in progress. Accordingly, we direct that the petitioner 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 (POCSO Act) cum Additional District and Sesions Judge, 2nd Court, Asansol, Paschim Bardhaman, subject to the condition that the petitioner shall appear before the trial court on every date of

hearing until further orders and shall not intimidate the 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 without further reference to this Court.

The application for bail is, accordingly, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)