Subhadip Haldar v. State Of West Bengal

18.08.2022 sdas allowed CRM(DB) No. 2777 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Khatra Police Station Case No. 16 of 2022 dated 01.05.2022 under Sections 363/365 of the Indian Penal Code and added Section 6 of the POCSO Act read with Section 5 of POCSO Act.

And In Re : Subhadip Haldar ...... petitioner Mr. Pravash Bhattacharya Mr. Dilip Kumar Sadhu .....for the petitioner Mr. Soumik Ganguly ..... for the State Leave is granted to the learned Counsel appearing for the petitioner to correct the cause title.

We have considered the materials on record including the statement of the victim which is exonerative in nature. In view of the aforesaid circumstance, we are inclined in granting bail to him.

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 Judge, Special Court under POCSO Act, Khatra, Bankura, subject to the condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event, the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)