Jibon Bauri v. State Of West Bengal

29.08.2022 Sl. No.29 akd [ALLOWED] C. R. M. (DB) 2894 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 23.08.2022 in connection with Para Police Station Case No.81 of 2022 dated 10.06.2022 under Sections 363/365/494 of the Indian Penal Code, Section 6 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act.

And In Re: Jibon Bauri ... ... Petitioner Mr. Dibyendu Chatterjee Ms. Reshmi Ghosh ... ... for the petitioner Mr. Tanmay Kr. Ghosh Ms. Pritha Paul ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 74 days. Investigation is complete. Learned advocate appearing for the State opposes the prayer for bail and submits victim was thrown out of her matrimonial home and thereafter, the petitioner remarried.

We have considered the materials on record. Keeping in mind the nature of accusation against the period of detention suffered by the petitioner and as investigation is complete, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Jibon Bauri, 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, Raghunathpur, Purulia 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. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)