Rita Das v. The State Of West Bengal And ANR.

28.

19-09-2024 (ct. no.28) debajyoti (allowed) CRM (DB) 2680 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bharatiya Nagarik Suraksha Sanhita, in connection with Berhampore Police Station Case No.620 of 2020 dated 29-06-2020 under Sections 376/370/372/373/120B of the Indian Penal Code and read with Sections 3/4/5/7 of Immoral Traffic (Prevention) Act and Sections 4/8/12/17 of the Protection Of Children from Sexual Offences Act.

- A n d - In the matter of : Rita Das .... Petitioner.

Mr. Angshuman Chakraborty, Mr. Amanul Islam, Mr. Sourav Mukherjee ... For the Petitioner.

Ms. Anasuya Sinha, learned APP, Ms. Trina Mitra ... For the State.

Dictated by Arijit Banerjee, J.

Report filed by the State in Court today be kept with the records. The report does not indicate with any definitiveness as to how many more witnesses the prosecution proposes to examine.

The petitioner is in custody for four years two months. Admittedly, he is not the prime accused. She has not been named by any of the victims so far examined by the learned trial Court.

In view of the aforesaid, we allow the prayer of the petitioner for bail.

Accordingly, we direct that the petitioner, namely, Rita Das, shall be released on bail upon furnishing a bond of Signed By :

DEBAJYOTI DAS High Court of Calcutta 19 th of September 2024 06:14:00 PM

Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Judge, Special Court under POCSO Act, Berhampore, Murshidabad. The petitioner shall appear before the trial Court on every date of hearing and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall remain within the jurisdiction of local police station until further orders. In the event the petitioner fails to comply with any of the conditions stipulated above, 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 being CRM (DB) 2680 of 2024 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 19 th of September 2024 06:14:00 PM