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Calcutta High CourtCRM (SB)/90/2024allowed

Ujjal Singh @ Laden v. The State Of West Bengal And ANR.

2024-07-10Hon'Ble Justice Suvra Ghosh2 pages

10.07.2024 jb.

jdt.

Allowed C.R.M. (SB) 90 of 2024 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Balagarh Police Station Case No. 133 of 2024 dated 22.03.2024 under Sections 323/506/354A/354D of the Indian Penal Code read with Sections 8 and 12 of POCSO Act.

And In Re : Ujjal Singh @ Laden ... Petitioner.

Mr. Arunava Ganguly ... For the Petitioner.

Mr. Arijit Ganguly Mrs. Mousumi Sarkar ... For the State.

It is submitted on behalf of the petitioner that the petitioner is a 23-year old person and is in custody for about 3 months. Charge-sheet has been submitted. Further detention of the petitioner is not required for the purpose of investigation. State produces the case diary and opposes the prayer for bail.

I have considered the submission made on behalf of the parties and material on record. The petitioner is in custody for about 3 months. Charge-sheet has been submitted under Sections 354A/354D of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

Considering the material available in the case diary as well as the period of detention of the petitioner, this Court is inclined to hold that further detention of the petitioner is not required for the purpose of custodial interrogation.

Signed By :

JAYANTA KUMAR BHATTACHARYYA High Court of Calcutta 11 th of July 2024 11:41:49 AM

Accordingly, the prayer for bail is allowed.

The petitioner namely Ujjal Singh @ Laden shall be released on bail upon furnishing 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 Chief Judicial Magistrate, Chinsurah, Hooghly subject to condition that he shall remain outside the jurisdiction of Chinsurah, Hooghly and furnish the address where he shall presently reside before the investigating officer and the learned trial Court. The petitioner shall enter the jurisdiction of Chinsurah, Hooghly only for the purpose of appearing before the learned trial Court on every date of hearing. He shall not tamper with the evidence and intimidate the witnesses in any manner.

In the event the petitioner fails to comply with any of conditions stated above, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail, being CRM (SB) 90 of 2024, is, thus, disposed of.

Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.) Signed By :

JAYANTA KUMAR BHATTACHARYYA High Court of Calcutta 11 th of July 2024 11:41:49 AM