Jiten Ghosh v. State Of West Bengal

17.06.2022 SL No 58 Saswata Ct.28 (Allowed) CRM (DB) 1833 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Purbasthali P.S. Case No. 52/2021 dated 15/02/2021 under Sections 302/34 of the Indian Penal Code, 1860 read with Sections 25/27 of the Arms Act, 1959 and Section 6 of POCSO Act. And In the matter of: Jiten Ghosh ....Petitioner Mr. Sabyasachi Mukherjee Mr. Bibek Dey Ms. Debarati Choudhury ...for the Petitioner Mr. Madhusudan Sur, APP Mr. Manoranjan Mahata ...for the State.

Petitioner renews his prayer for bail. He is in custody for over a year.

Learned lawyer for the State opposes the prayer for bail. He submits trial is in progress.

We have considered the materials on record. There is no direct evidence connecting the petitioner with the crime. There is little possibility of the trial concluding in near future. Balancing the extent of complicity of the petitioner in the alleged crime and the period of detention suffered by him, we are inclined to grant bail to the petitioner.

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, Malda 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.)