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Calcutta High CourtCRM (DB)/3159/2023allowed

Iti @ Sweety Biswas v. State Of West Bengal And ANR

2023-08-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

10.08.2023.

14.

Ct.No.28 as (Allowed) C.R.M. (DB) 3159 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nabadwip P. S. Case No.413 of 2021 dated 13.09.2021 under Sections 3/4/5/7/8 of the Immoral Trafficking Prevention Act and Section 17 read with Section 4 of the POCSO Act. In the matter of : Iti @ Sweety Biswas.

.... Petitioner.

Mr. Atis Kr. Biswas, Mrs. Jyoti Agarwal.

...for the Petitioner.

Mrs. Anasuya Sinha, Ms. Mayukhi Mitra.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record. Evidence of the minor victim is exonerative in nature. Petitioner is in custody for more than a year.

Under such circumstances, we are of the opinion further detention of the petitioner is not necessary and she may be enlarged on bail.

Accordingly, the petitioner viz., Iti @ Sweety 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 Additional Chief Judicial Magistrate, Krishnanagar, Nadia subject to condition that she 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 her bail in accordance with law without further reference to this Court.

The application for bail is, thus disposed of. (Gaurang Kanth,J.) (Joymalya Bagchi, J.)