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Calcutta High CourtCRM (DB)/2214/2024allowed

Manoj Kumar Ghosh v. The State Of West Bengal

2024-07-22Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Partha Sarathi Sen2 pages

22-07-2024 (ct. no.28) KOLE Allowed CRM (DB) 2214 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Singur Police Station Case No. 172 of 2024 dated 21.04.2024 under Sections 376(D)/376(3) of the Indian Penal Code and Section 6(i) of the POCSO Act. - A n d - In the matter of : Manoj Kumar Ghosh .... Petitioner.

Mr. B. Banerjee, Mr. A. Salam, ... For the petitioner.

Mr. Joydeep Biswas, Mrs. Rituparna Saha, ... For the State.

Order dictated by Arijit Banerjee, J.

Affidavit of service filed in court today be kept with the records.

The petitioner claims parity. He refers to an order dated July 9, 2024, passed in CRM (DB) 2091 of 2024, whereby a Coordinate Bench enlarged another accused person on bail. The petitioner says that he stands on the same footing. Learned Advocate for the State in his usual fairness does not dispute the aforesaid fact.

Hence, solely on the ground of parity, we allow the petitioner's prayer for bail.

Accordingly, we direct that the petitioner, namely, Manoj Kumar Ghosh, 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 Sessions Signed By :

ABHIJIT KOLE High Court of Calcutta 22 nd of July 2024 04:50:53 PM

Judge, POCSO Court, Chandannagar, Hooghly and on further conditions that he shall not leave the jurisdiction of the concerned police station and shall report to the Officer-in-Charge of the concerned police station once in a fortnight until further orders. 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 adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this court.

The application for bail is, accordingly, allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Partha Sarathi Sen, J. ) ( Arijit Banerjee, J. ) Signed By :

ABHIJIT KOLE High Court of Calcutta 22 nd of July 2024 04:50:53 PM