Dilip Kamillya v. State Of West Bengal

C.R.M. 5051 of 2021 IA No.:CRAN 1 of 2022 (AD) 30.03.2022 Court No.29 In Re: IA No.:CRAN 1 of 2022 In Re: - An application for modification or setting aside of conditions of bail order dated 06.12.2021 passed in C.R.M. No.5051 of 2021 made under Section 439 of the Code of Criminal Procedure, 1973.

And In the matter of: Dilip Kamillya ....Applicant/petitioner.

Mr. Balaram Pandit Mr. Krishna Deo Das ... for the Applicant/petitioner.

Ms. Zareen N. Khan Md. Kutub Uddin ...for the State.

The present application is for relaxation of a condition of bail. The petitioner stands charged with offences, inter alia, under the POCSO Act. The petitioner was granted bail on the conditions noted in the order dated December 6, 2021. The petitioner now seeks relaxation of one of the conditions of reporting before the Officer-inCharge of the local police station once a week on the ground that the petitioner is a daily labourer and that it is inconvenient for him to report to the Officer-in-Charge at the frequency as directed by the order dated December 6, 2021.

Considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that the trial is in progress, it would not be appropriate to relax the condition of bail as prayed for. There is every likelihood of the petitioner absconding if the condition of reporting before the Officer-in-Charge is withdrawn.

In such circumstances, we are unable to grant any relief to the petitioner as prayed for.

Accordingly, the prayer for modification and/or relaxation of the conditions of bail is hereby rejected.

Hence, CRAN 1 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)