Sujoy Santra v. State Of West Bengal

30.09.2022.

61.

as (Allowed) C.R.M. (DB) 3481 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Daspur P. S. Case No.110 of 2022 dated 20.03.2022 under Sections 363/365 of the Indian Penal Code and Section 376(3) of the Indian Penal Code and Section 6 of the POCSO Act and Sections 9/10 of the Prevention of Child Marriage Act.

In the matter of : Sujoy Santra.

.... Petitioner.

Mr. A. Karmakar, Mr. G. Banerjee.

...for the Petitioner.

Ms. Faria Hossain, Ms. B. Basu, Ms. M. Jana.

...for the State.

It is submitted on behalf of the petitioner there was a love affair between the parties. He prays for bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record including the statement of the minor victim. Her statement discloses petitioner had made a promise to marry her.

Under such circumstances and keeping in mind the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

Accordingly, 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 locale, to the satisfaction

of the learned Additional Chief Judicial Magistrate, Ghatal, Paschim Medinipur subject to condition that he 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 his bail in accordance with law without further reference to this Court.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)