Calcutta High CourtCRM (DB)/2400/2024allowed

Sudip Sarkar v. The State Of West Bengal And ANR

2024-08-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Apurba Sinha Ray2 pages

43.

12.08.2024 Court No.6 (Tanmoy) Allowed CRM (DB) 2400 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Bhimpur Police Station Case No. 46/2024, dated 07.02.2024 under Sections 363/365/366/34 of the Indian Penal Code. Charge-sheet submitted under Section 4 of the POCSO Act POCSO case no.47/2024.

And In the matter of: - Sudip Sarkar ...petitioner.

Mr. Prabir Majumder Mr. Snehansu Majumder ...for the petitioner.

Ms. Amita Gaur Ms. Manisha Sharma ...for the State.

1. Heard learned counsel for petitioner and the State.

2. Inspite of notice nobody appears for the victim.

3. Petitioner is in custody for 137 days.

4. We have considered the materials on record. We have also perused the statement of victim. She stated that she had eloped with the petitioner out of her own will.

5. Keeping in mind the aforesaid fact and period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

6. Accordingly, we direct the petitioner, namely, Sudip Sarkar 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, Krishnagar, Nadia, subject to condition that the petitioner shall appear before Signed By :

TANMOY GHOSH High Court of Calcutta 13 th of August 2024 04:37:32 PM

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.

7. 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.

8. The application for bail is, thus, allowed and disposed of. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 13 th of August 2024 04:37:32 PM