Satika Ghosh v. State Of West Bengal

31.10.2022.

40.

as (Allowed) C.R.M. (DB) 3769 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Labpur P. S. Case No.69 of dated 20.03.2020 under Sections 363/365/120(B) of the Indian Penal Code along with Section 4/6 of the POCSO Act.

In the matter of : Satika Ghosh.

.... Petitioner.

Md. Samim Ahammed Md. Nasim Ali.

...for the Petitioner.

Md. Anwar Hossain, Ms. Sujata Das.

...for the State.

Leave is granted to the learned Advocate-on-record of the petitioner to correct the cause title of the petition. It is submitted petitioner is not the principal accused. She is in custody for 48 days.

Learned Advocate for the State opposes the prayer for bail.

In view of the fact she is not the principal accused and 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 local, to the satisfaction of the learned Judge, Special Court under the POCSO Act, Bolpur, Birbhum subject to condition that she 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 her bail in accordance with law without further reference to this Court.

The application for bail is, thus, disposed of. (Partha Sarathi Sen,J.) (Joymalya Bagchi, J.)