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Calcutta High CourtCRM (DB)/2480/2023allowed

Titan Bag @ Titon Bag @ Poltu v. State Of West Bengal

2023-07-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

03.07.2023.

Ct.No.28 ss/SD (Allowed) C.R.M. (DB) 2480 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Shyampur P. S. Case No.38 of 2023 dated 23.01.2023 under Sections 341/325/308/34 of the Indian Penal Code read with Section 8 of the POCSO Act.

In the matter of : Titan Bag @ Titon Bag @ Poltu .... Petitioner.

Mr. Somnath Adhikary Mr. Shraman Sarkar ...for the Petitioner.

Mr. Joydeep Roy Ms. Sujata Das ...for the State.

Heard learned lawyers for the parties.

Petitioner is in custody for 259 days. Co-accused is on bail. Petitioner stands on the same footing with the co-accused. Under such circumstances, 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 A.C.J.M., Uluberia 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.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)