Gouri Tamang v. The State Of West Bengal

31.7.2024 Ct. No. 06 SL No. 45 S.De/ Tanmoy C.R.M. (DB) 2154 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Basirhat P.S. Case No. 1462 of 2016 dated 06.12.2016 under Sections 343/344/346/120B of the Indian Penal Code & Sections 3/4/5/6/7/9 of the Immoral Trafficking (Prevention Act) And In the matter of: Gouri Tamang Mr. Deepak Prahladka Ms. Reshmi Khatun ...for the Petitioner Mr. Pravas Bhattacharyya Ms. Debolina Das ....for the State

1. Petitioner is in custody for more than 5 years. She submits vulnerable witness i.e., the victim has been examined. She prays for bail.

2. Learned advocate for the State opposes the bail prayer.

3. We have considered the materials on record. Vulnerable witness has already been examined. Petitioner is in custody for a considerable period of time. There is little possibility of trial concluding in the near future. Accordingly, we are inclined to grant bail to the petitioner.

4. Accordingly, we direct 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 Additional Chief Judicial Magistrate, Basirhat, North 24-Parganas subject to the condition that the petitioner shall appear before the trial court on each and every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

Signed By :

SANDIP DE High Court of Calcutta 2 nd of August 2024 05:31:35 PM

5. In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel her bail without any further reference to this Court.

6. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)