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Calcutta High CourtCRM (DB)/4187/2022allowed

Sk Safikul @ Safiqul v. State Of West Bengal

2022-11-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

29.11.2022.

32.

Ct.No.28.

as (Allowed) C.R.M. (DB) 4187 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Manikchak P. S. Case No.563 of 2022 dated 30.09.2022 under Sections 341/506/34 of the Indian Penal Code and Section 12 of the POCSO Act.

In the matter of : Sk. Safikul @ Safiqul.

.... Petitioner.

Mr. Amitabha Karmakar, Mr. Arup Kr. Bhowmick.

...for the Petitioner.

Mr. Tanmoy Kr. Ghosh, ld. S. G. A., Mr. Arindam Sen.

...for the State.

Heard learned Lawyers for the parties.

Petitioner is not the principal accused. He is in custody for two months.

Learned Advocate for the State opposes the prayer for bail.

Under such circumstances, 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, Malda subject to condition 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.)