Saikat Chakraborty v. The State Of West Bengal And ANR.

08.08.2024 tkm/ct 6 C.R.M. (DB) 2511 of 2024 sl no. 30 In Re : An application for bail under section 439 Cr.P.C (section 483 of Bharatia Nagarik Suraksha Sanhita, 2023) in connection with Ashoknagar P.S case no. 734 of 2022 dated 6.8.2022 under section 363/365/366 IPC adding section 4 of the POCSO Act And Allowed In Re : Saikat Chakraborty ........ petitioner Mr. N S Ghosh Ms. S Chatterjee Mr. Sourav Mondal Ms. Labani Sikder Mr. Rony Mondal ...... for the petitioner Mr. Sudip Kumar Mr. Nirupam Dhali ...... for the State

1. Petitioner contends there was a romantic relationship between the parties. He has been falsely implicated in the case.

2. Learned lawyer for the State oppose the bail prayer.

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

4. 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.

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

6. 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, Barasat North 24 Parganas 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. Signed By :

TAMAL KRISHNA MANDAL High Court of Calcutta 12 th of August 2024 11:43:47 AM

7. 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.

8. The application being CRM (DB) 2511 of 2024 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

TAMAL KRISHNA MANDAL High Court of Calcutta 12 th of August 2024 11:43:47 AM