← Library
Calcutta High CourtCRM (DB)/2773/2023allowed

Dipak Bar v. State Of West Bengal And ANR

2023-07-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

12.07.2023 tkm/ct 28 C.R.M. (DB) 2773 of 2023 sl no. 40 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Egra P.S case no. 263 of 2023 dated 29.3.2023 under section 6 of the POCSO Act and sections 9/10 of the Prohibition of Child Marriage Act and Allowed In Re : Dipak Bar ... petitioner Mr. Indrajit Chatterjee Mr. B Hutait ...... for the petitioner Mr. Binay Panda Ms. Puspita Saha ...... for the State Heard learned lawyers for the parties.

We have considered the materials on record. There was an amorous relationship between two young persons. Statement of the victim under section 164 Cr.P.C corroborates such fact. Under such circumstances, we are inclined to grant bail to the petitioner.

Accordingly, 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 ACJM, Contai, Purba Medinipur on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 2773 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)