Subrata Das v. State Of West Bengal

20.12.2021 Sl. No.133 akd [ALLOWED] C. R. M. 8285 of 2021 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 08.12.2021 in connection with Jadavpur Police Station Case No. 353 of 2015 dated 01.09.2015 under Sections 366A/34, 370(3)/34, 372/34, 373/34 of the Indian Penal Code, Sections 3/4/5/7 of the Immoral Traffic (Prevention) Act and Sections 4/17 of the POCSO Act.

And In Re: Subrata Das ... ... Petitioner Mr. Deepak Prahladka ... ... for the petitioner Mr. Rudradipta Nandy ... ... for the State It is submitted on behalf of the petitioner that he is in custody for more than six years. It is further submitted that co-accused has been granted bail.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Vulnerable witnesses have already been examined. Co-accused has been granted bail. Under such circumstances, we are inclined to grant bail to the petitioner also.

Therefore, the accused/petitioner, namely Subrata Das, 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 Sessions Judge, 2nd Court, Alipore, South 24-Parganas subject to condition that the said petitioner 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 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. The application for bail, thus, stands allowed. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)