Sudip Bar v. State Of West Bengal

14.06.2022 tkm/ct 28 C.R.M. (DB) 1689 of 2022 sl no. 64 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kakdwip P.S case no. 65 of 2022 dated 28.3.2022 under section 363/365 IPC and section 6 of the POCSO Act And Allowed In Re : Sudip Bar ...... petitioner Mr. Sabir Ahmed Mr. S K Mondal ...... for the petitioner Mr. Debabrata Chatterjee Ms. Mousumi Sarkar ...... for the State Petitioner is in custody for 69 days. It is contended that there was a love affair between the parties.

Learned lawyer for the State opposes the prayer for bail. We have considered materials on record including the statement of the victim girl in the light of the submission that there was a love affair between the parties.

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

Accordingly, the petitioner 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 POCSO Act South 24 Parganas on condition that the petitioner shall appear before the trial court on every date of hearing 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 being CRM (DB) 1689 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)