Calcutta High CourtCRM/6359/2021allowed

Dilip Mandal v. State Of West Bengal And ORS.

2021-09-27Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

27.09.2021 Ct. No. 29 sdas Allowed C.R.M. 6359 of 2021 (Via Video Conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Egra Police Station Case No. 216 of 2018 dated 08.05.2018 under Sections 363/366 of the Indian Penal Code and adding Section 376(2)(n) of the Indian Penal Code and Section 9 of the Prohibition of Child Marriage Act and Section 4 of the POCSO Act..

And In Re : Dilip Mandal ...... petitioner Mr. Jayanta Narayan Chatterjee Sk. Sahjahan Ali Mr. Nazir Ahmed Ms. Jayasri Patra .....for the petitioner Mr. Binay Panda Ms. Puspita Saha ....for the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that there was a love affair between the petitioner and the victim girl.

Learned advocate appearing for the State draws the attention of the Court to the age of the victim girl and the statements recorded under Section 164 of the Code of Criminal Procedure.

Considering the fact that the police submitted chargesheet and considering the contents of the statements recorded under Section 164 of the Code of Criminal Procedure, we are inclined to grant bail to the petitioner.

Accordingly we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-(Rupees Ten Thousand Only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Contai, Purba Medinipur, subject to the condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel bail of the petitioner automatically without further reference to this Court.

The application for bail is, accordingly, allowed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)