Pranab Mandal v. State Of West Bengal And ANR

16.12.2022.

15.

as (Allowed) C.R.M. (DB) 4318 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Pukhuria P. S. Case No.351 of 2022 dated 20.08.2022 under Section 448 of the Indian Penal Code and Section 4 of the POCSO Act. In the matter of : Pranab Mandal.

.... Petitioner.

Mr. Kallol Mondal, Mr. Krishan Ray, Ms. Sabnam Laskar.

...for the Petitioner.

Mr. S. S. Panda, Mr. S. Kundu.

...for the State.

Heard the learned Advocates for the parties.

Mother of the victim was intimated. Report is placed on record.

We have considered the statement of the victim. She states there was a love affair between the parties. In view of the aforesaid fact and the period of detention suffered by the petitioner i.e. 64 days, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner viz., Pranab Mandal 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, Chanchal, 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.)