Maili Tamang @ Vibha Srivastava v. The State Of West Bengal And ANR.

41.

04.10.2024 Court No.28 (Tanmoy) Allowed

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3024 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Madhyamgram Police Station Case No. 218 dated 27.5.2019 under Sections 363/365/370/370A/372/373/376 of the Indian Penal Code, 1860 read with Sections 6/17 of POCSO Act.

And In the matter of: - Maili Tamang @ Vibha Srivastava ...petitioner.

Mr. Biplab Roy Ms. Rashmi Roy (Verma) ...for the petitioner.

Mr. Saibal Bapuli, APP Mr. Sufi Kamal ...for State.

Ms. Mandira Mandal ...for the de facto complainant.

Dictated by Arijit Banerjee, J.

1. The petitioner claims parity citing an order dated September 3, 2024, passed in CRM (DB) 2533 of 2024, whereby two coaccused persons were enlarged on bail. The petitioner says that she stands on the same footing as those two co-accused persons.

2. While opposing the prayer for bail learned Advocate for the State, in his usual fairness, does not dispute that this petitioner is similarly circumstanced as those two coaccused persona who have been granted bail, as noted above.

3. Learned Advocate for the de facto complainant/victim says that her client does not oppose the prayer for bail. Signed By :

TANMOY GHOSH High Court of Calcutta 4 th of October 2024 05:32:44 PM

4. Hence, on the ground of parity, we allow the petitioner's prayer for bail.

5. Accordingly, we direct that the petitioner, namely, Maili Tamang @ Vibha Srivastava shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), 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, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

6. In the event the petitioner fails to adhere to any of the conditions stipulated above 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.

7. The application for bail being CRM (DB) 3024 of 2024 is accordingly disposed of.

8. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 4 th of October 2024 05:32:44 PM