Mohan Santra v. State Of West Bengal

14.07.2022.

15.

Ct.No.28.

as (Allowed) C.R.M. (DB) 2156 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Daspur P. S. Case No.110 of 2022 dated 20.03.2022 under Sections 363/365 of the Indian Penal Code and adding Sections 376(3) of the Indian Penal Code read with Section 6 of the POCSO Act and Sections 9/10 of the Prohibition of Child Marriage Act. In the matter of : Mohan Santra.

.... Petitioner.

Mr. Niladri Sekhar Ghosh, Ms. Srimoyee Mukherjee, Ms. Sompurna Chatterjee, Mr. Sourav Mondal.

...for the Petitioner.

Ms. Zareen N. Khan, Md Kutubuddin.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is in custody for about 42 days. It is contended he is the uncle of the principal accused.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Keeping in mind 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.

Accordingly, the petitioner shall 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, Ghatal Paschim Medinipore subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

This application for bail is, thus, disposed of. (Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)