Biplab Sarkar v. The State Of West Bengal And ANR

05.08.2024 tkm/ct 6 C.R.M. (DB) 2426 of 2024 sl no. 61 In Re : An application for bail under section 439 Cr.P.C (section 483 of Bharatia Nagarik Suraksha Sanhita, 2023) in connection with Goghat P.S case no. 180 of 2024 dated 14.4.2024 under section 363 IPC adding section 376(2)(n) IPC and section 6(1) of the POCSO Act And Allowed In Re : Biplab Sarkar ........ petitioner Mr. N S Ghosh Ms. S Chatterjee Mr. Sourav Mondal Mr. Rony Mondal ...... for the petitioner Mr. Bitasok Banerjee Ms. Ankita Paul ...... for the State

1. Heard learned lawyers for the parties.

2. Inspite of notice, nobody appears for the victim.

3. We have considered the materials on record. We have also examined the statement of the minor girl. It appears that there is a romantic relationship between the two persons.

4. Keeping in mind the aforesaid fact, we are inclined to grant bail to the petitioner.

5. Accordingly, the petitioner 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, Arambagh Hooghly on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

6. 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 automatically without reference to this court.

7. The application being CRM (DB) 2426 of 2024 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

TAMAL KRISHNA MANDAL High Court of Calcutta 8 th of August 2024 11:55:13 AM