Sunil Ghosh v. State Of West Bengal

10.08.2022 sdas allowed CRM(DB) No. 2695 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 680 of 2022 dated 05.07.2022 under Sections 341/323/325/354/354B/379/34 of the Indian Penal Code and Section 8 of the POCSO Act.

And In Re : Sunil Ghosh ...... petitioner Mr. Atis Kumar Biswas Mr. Amit Singh Mr. Jyoti Agarwal .....for the petitioner Ms. Faria Hossain Ms. Baisali Basu ..... for the State Mr. Asraf Mandal ...... for de facto complainant Learned Counsel for the petitioner submits he is in custody for 16 days. It is also submitted that there was a quarrel between the parties and case and counter case were registered. Learned Counsel appearing for the State opposes prayer for bail.

Having considered materials on record and bearing in mind the nature of allegations in the light of the aforesaid submission that there was quarrel between the parties and case and counter case came to be registered, we are of the opinion petitioner may be granted bail.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a 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 Additional Chief Judicial Magistrate, Ranaghat, Nadia, on conditions that he shall not intimidate the witnesses or tamper with evidence in any manner whatsoever and he shall appear before the trial court on every date of hearing.

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 without further reference to this Court. The application for bail is, accordingly, allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)