Sudarshan Bauri v. The State Of West Bengal And ANR

30.7.2024 Ct. No. 6 SL No.66 SB / Tanmoy C.R.M. (DB) 2267 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Purulia (M) P.S. Case No. 200 of 2024 dated 16.5.2024 under Sections 363/365 of the Indian Penal Code subsequently charge sheet under Sections 363/365 of I.P.C.read with Section 4 of the POCSO Act.

And In the matter of: Sudarshan Bauri Mr. Mrityunjoy Chatterjee Mr. Akash Sarkar ...for the Petitioner Mrs. Sonali Das Mr. Atanu Ghosh ....for the State

1. Heard learned advocates for the parties.

2. Inspite of notice, nobody appears on behalf of the victim.

3. We have considered the materials on record including the statement of the victim recorded under Section 164 of Code of Criminal Procedure. From the statement, it appears there was free mixing between two young persons. In view of the above, further detention is not required and 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 Judge, Special Court under POCSO Act, Purulia subject to 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 :

SAURABH BANDYOPADHYAY High Court of Calcutta 1 st of August 2024 06:30:19 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 his 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.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 1 st of August 2024 06:30:19 PM