Biplab Biswas v. The State Of West Bengal And ANR

14.11.2024 Ct. No. 28 SL No. 71 SB CRM (DB) 3075 of 2024 In Re: - An application for bail under Section 483 of the B.N.S.S. 2023 in connection with Taherpur P.S. Case No. 413 of 2023 dated 22.8.2023 under Sections 363/365/376/34/120B of the Indian Penal Code and Sections 6/17 of the POCSO Act.

And In the matter of: Biplab Biswas Mr. Prabir Majumder Mr. S. Majumder ... for the petitioner Mr. Bibhasan Bhattacharyya Mr. Arup Sarkar ...for the State

1. Supplementary affidavit is taken on record.

2. Petitioner is not the principal accused. Vital witnesses have been examined. He is in custody for about 200 days. There is no possibility of trial concluding in the near future. Also there is no chance of abscondence. We are inclined to grant bail to the petitioner.

3. Accordingly, we direct that in the event of arrest 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 learned Judge, Ranaghat, Nadia - cum- Judge, Special Court, POCSO Act, Ranaghat, Nadia subject to condition that petitioner shall appear before the learned Trial Court on every date of hearing until further order and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.

4. In the event, petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail prayer in accordance with law without further reference to this Court.

5. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 19 th of November 2024 11:30:11 AM