Srikanta Ghosh v. State Of West Bengal

17.06.2022 tkm/ct 28 C.R.M. (DB) 1850 of 2022 sl no. 70 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Labpur P.S Case no. 69 of 2020 dated 20.3.2020 under sections 363/365/120B IPC added sections 4/6 of the POCSO Act And Allowed In Re : Srikanta Ghosh ........ petitioner Mr. K M Hossain Mr. R Islam Ms. K Sutradhar ...... for the petitioner Ms. Faria Hossain Ms. Baisali Basu ...... for the State Petitioner was on bail. His bail was cancelled by this court. Since then he is in custody for 50 days. Victim has been recovered in the meantime.

We have considered the materials on record. Petitioner is not the principal accused who ravished the victim girl. After cancellation of bail by this court, victim has been recovered. In view of the aforesaid fact, extent of complicity of the petitioner in the alleged crime and the period of detention suffered by the petitioners, 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, Birbhum on condition that the petitioners 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) 1850 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)