Prasanta Mantri v. State Of West Bengal

27.01.2022 Ct. No. 29 KAUSHIK Allowed C.R.M. 8784 of 2021 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 438 of 2016 dated 09.07.2016 under Sections 363/366A/376 of the Indian Penal Code, 1860 read with Prevention of Children from Sexual Offences Act, 2012. And In Re : Prasanta Mantri ...... petitioner Mr. Anjan Bhattacharya .....for the petitioner Mr. Madhusudan Sur Mr. Manoranjan Mahata ....for the State Petitioner seeks bail.

Learned advocate for the petitioner submits that, the petitioner is in custody for 162 days. The petitioner was studying in Class-XI and the victim girl in Class VIII. They developed a relationship between themselves.

It is subsequently that the victim girl lodged the present police complaint.

Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) of the victim girl.

Considering the fact that the police filed charge-sheet and considering the period of detention of the petitioner and

considering the relationship between the petitioner and the victim girl, we grant bail to the petitioner. Accordingly, we direct that the petitioner 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 Sessions Judge, 2nd Court at Tamluk, Purba Medinipur cum learned Special Court under POCSO Act, Tamluk, Purba Medinipur, subject to the condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

The application for bail is, accordingly, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)