Biswajit Ghosh v. State Of West Bengal

16.06.2022 cm/ct 28 C.R.M. (DB) No.1772 of 2022 sl no. 52 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Murutia P.S Case No. 53 of 2020 dated 24.03.2020 under Sections 498A/304B/34 of the Indian Penal Code adding Section 9 Prohibition of Child Marriage Act, 2006 and Section 4 of Protection of Child from Sexual Offences Act,2012. And Allowed In Re : Biswajit Ghosh ..... petitioner Mr. Arindam Jana Mr. Asraf Mandal ...... for the petitioner Mr. Debabrata Chatterjee, Ld. A.P.P.

Mr. Santanu Chatterjee ...... for the State Petitioner is in custody for 812 days. There is very slow progress in the matter since rejection of bail by this court. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record and keeping in mind the nature of allegations, period of detention suffered by petitioner and as there is hardly any progress in the matter since the last rejection of bail by this court, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner be released on bail upon furnishing bonds of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned ACJM, Tehatta, Nadia 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 petitioner fail 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) No. 1772 of 2022 is disposed of.

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