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Calcutta High CourtCRM (DB)/3132/2023allowed

Abhijit Biswas@ Abhijit@ Abhi Biswas v. State Of West Bengal

2023-08-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

08.08.2023.

74.

Ct.No.28 as (Allowed) C.R.M. (DB) 3132 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur P. S. Case No.155 of 2020 dated 04.04.2020 under Sections 4/6 of the POCSO Act.

In the matter of : Abhijit Biswas @ Abhijit @ Abhi Biswas. .... Petitioner.

Ms. Minoti Gomes.

...for the Petitioner.

Mr. Tanmoy Kr. Ghosh, ld. SGA, Ms. Sonali Bhar.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record. Evidence of the minor is exonerative in nature. Her father has also been examined.

Keeping in mind the aforesaid development and the period of detention suffered by the petitioner i.e. two and half years, we are inclined to grant bail to the petitioner. Accordingly, the petitioner viz., Abhijit Biswas @ Abhijit @ Abhi Biswas 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 the POCSO Act, Ranaghat, Nadia subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses 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 his bail in accordance with law without further reference to this Court.

The application for bail is, thus disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)