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Calcutta High CourtCRM/5533/2021allowed

Rajibul Laskar v. State Of West Bengal

2021-12-07Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

07.12.2021 SL No.34 Saswata CRM 5533 of 2021 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Baruipur P.S. Case No. 247/2021 dated 06.02.2021 under Sections 363/365 of the Indian Penal Code and Section 6 of the POCSO Act. And In the matter of: Rajibul Laskar ....Petitioner Mr. Neil Basu ...for the Petitioner Mr. Binay Panda Ms. Puspita Saha Mr. Subham Bhakat ...for the State.

Statement of the victim girl is exonerative in nature. However the victim is a minor.

In view of the facts and circumstances of the case and considering the period of detention suffered by the petitioner, i.e., 6 months, 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 the POCSO Act, Baruipur, South 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. (Joymalya Bagchi, J.) (Bivas Pattanayak, J.)