Calcutta High CourtCRM/6421/2021allowed

Manoranjan Samanta v. State Of West Bengal

2021-10-05Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

05.10.2021 Ct. No. 29 KAUSHIK Allowed C.R.M. 6421 of 2021 (Via Video Conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nandakumar Police Station Case No. 116 of 2021 dated 10.03.2021 under Sections 363/366 of the Indian Penal Code, 1860 and adding Sections 376/506/120B of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act.

And In Re : Manoranjan Samanta.

...... petitioner Mr. Niladri Sekhar Ghosh .....for the petitioner Mr. S. G. Mukherjee, learned Public Prosecutor Mr. Aniket Mitra ....for the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that, the principal accused was granted statutory bail by the Jurisdictional Court. Since the police submitted charge-sheet, further detention of the petitioner is not required. Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure (Cr. P. C.) of the victim lady.

Considering the statement recorded under Section 164 of the Cr. P. C. of the victim lady and the fact that the police submitted charge-sheet, we grant bail to the petitioner.

Accordingly, we direct that 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 (POCSO Act), Tamluk, 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 his bail automatically without further reference to this Court.

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