Sandip Burnwal @ Sonu v. State Of West Bengal
26.03.2025 Item No.37 Court No.26 CHC Allowed CRM (DB) 4233 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/ under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023, in connection with Jamuria Police Station Case No. 325 of 2018 dated 21.12.2018 under Sections 302/201/376/120B of the Indian Penal Code and under Sections 6/8/12 of the POCSO Act and adding Section 376D of the Indian Penal Code and under Section 4 of the POCSO Act.
-AndIn the matter of : Sandip Burnwal @ Sonu ... ... Petitioner Mr. Ayan Basu, Advocate Sk. Salim, Advocate Mr. Sumit Routh, Advocate ... ... For the Petitioner Mr. Debasish Roy, Ld. P.P.
Mr. Arijit Ganguly, Advocate Mr. Koushik Kundu, Advocate ... ...For the State Mr. Sauradeep Dutta, Advocate ... ...For the de facto complainant (appointed through High Court Legal Aid)
1. Police case is dated December 21, 2018.
2. Trial is yet to be concluded.
3. Petitioner is in custody in excess of 6 years 3 months.
4. Purely on the ground of Article 21 of the Constitution of India in view of the period of custody of the petitioner, we are inclined to grant bail to the petitioner.
5. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Sessions Judge, 1st Court, Paschim Burdwan, subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.
6. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court.
7. The prayer for bail of the petitioner is allowed.
8. CRM(DB) 4233 of 2024 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)