Rohan Das @ Nandini @ Rashmi Das v. The State Of West Bengal
15.06.2022 SL No.53 Saswata Ct.28 (Allowed) CRM (DB) 1690 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Nimta P.S. Case No. 799/2021 dated 23.10.2021 under Sections 377/341/323/325/506/34 of the Indian Penal Code read with Sections 6/8/12 of the POCSO Act.
And In the matter of: Rohan Das @ Nandini @ Rashmi Das ....Petitioner Mr. Joy Chakrbaroty ...for the Petitioner Mr. Tanmoy Kumar Ghosh Ms. Sonali Bhar ...for the State.
It is submitted on behalf of the petitioner there was a consensual relationship between the parties. They had met each other through a social networking site.
Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Keeping in mind the nature of allegations in the light of the aforesaid submission made on behalf of the petitioner, we are of the opinion further detention of the petitioner is not necessary and the petitioner may be granted bail.
The prayer for bail is, thus, allowed.
Let 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, Barrackpore, North 24 Parganas, subject to the condition that he shall appear before
the learned trial court regularly on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail is, thus, disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)