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Calcutta High CourtCRM (DB)/1571/2023allowed

Tapas Ankur v. State Of West Bengal And ANR

2023-05-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

04.05.2023 Sl. No.14 akd [ALLOWED] C. R. M. (DB) 1571 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 13.04.2023 in connection with Suri Police Station Case No.515 of 2022 dated 22.11.2022 under Sections 363/365/120B of the Indian Penal Code and Sections 4/6 of the POCSO Act. And In Re: Tapas Ankur ... Petitioner Mr. Sujoy Sarkar Mr. Rahul Chachan ... for the petitioner Mr. Prasun Kr. Datta .. ld. Addl. Public Prosecutor Mr. Nirupam Dhali ... for the State Heard the learned Advocates appearing for both the parties. We have considered the materials on record. Victim had voluntarily eloped with the petitioner. There appears to be a teenage romance between them. Under such circumstances, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Tapas Ankur, 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 the POCSO Act, 2nd Court, Suri, Birbhum subject to condition that the said petitioner 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 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 for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)