Manas Mandal v. State Of West Bengal

14.06.2022 sdas allowed CRM(DB) 1663 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ranibandh Police Station Case No. 09 of 2022 dated 24.02.2022 under Sections 341/354/376(3)/376(2)(n)/384/506 of the Indian Penal Code and under Section 06 of the POCSO Act.

And In Re : Manas Mandal ...... petitioner Mr. C. S. Bag Mr. Madhusudan Mandal .....for the petitioner Mr. Imran Ali Ms. Debjani Sahu ..... for the State It is submitted by the learned Counsel appearing for the petitioner that there was a love affair between the parties. Petitioner is in custody for 106 days.

Learned Counsel appearing for the State opposes the prayer for bail and submits that the victim was a minor and was repeatedly ravished on the threat of uploading her objectionable pictures on social networking sites.

We have considered the materials on record in the light of the submission that there was a love affair between the parties. Though investigation is complete no objectionable electronic record was seized from the petitioner.

Under such circumstances and in view of period of detention suffered by the petitioner i.e. 106 days, we are inclined to grant bail to him.

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 Additional Chief Judicial Magistrate, Khatra, Bankura, subject to the 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 application for bail is, accordingly, allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)