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Calcutta High CourtCRM (DB)/3755/2023allowed

Dipankar Das v. State Of West Bengal And ANR

2023-09-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Partha Sarathi Sen2 pages

29.09.2023.

Ct.No.28.

sayandeep (Allowed) C.R.M. (DB) 3755 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bakultala P.S. Case No. 175 of 2021 dated 18.07.2021 under Section 6 of the POCSO Act.

In the matter of : Dipankar Das .... Petitioner.

Mr. Arindam Jana Mr. Soumajit Chatterjee ...for the Petitioner.

Md. Anwar Hossain Ms. Sreyashee Biswas ...for the State.

1. Heard learned counsel for the parties.

2. Petitioner is in custody for more than two years. Minor victim has not supported the prosecution case and was declared hostile. Medical report does not show any injury on the minor.

3. Under such circumstances, we are inclined to grant bail.

4. Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Judge, Special Court under POCSO Act, Baruipur, South 24 Parganas 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 and shall report to the officer

in charge of the Bakultala police station once in a week until further orders.

5. 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.

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