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Calcutta High CourtCRM (DB)/4738/2023allowed

Abhisek Saha v. State Of West Bengal And ANR

2024-01-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

04.01.2024.

19.

Ct.No.28 as (Allowed) C.R.M. (DB) 4738 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sonarpur P. S. Case No.2611 of 2016 dated 07.12.2016 under Sections 120B/366A/368/370/376 of the Indian Penal Code and Sections 4/5/6/7/9 of the Immoral Traffic (Prevention) Act and Sections 4/6/17 of the POCSO Act.

In the matter of : Abhisek Saha.

.... Petitioner.

Mr. Deepak Prahladka, Ms. Reshmi Khatun ...for the Petitioner.

Mr. Partha Pratim Das, Mr. Asraf Mandal.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Petitioner is in custody for more than seven years. Co-accused has been enlarged on bail. Vulnerable witness has already been examined.

3.

Under such circumstances, we are of the opinion further detention of the petitioner is not necessary and he may be granted bail.

4.

Accordingly, the petitioner viz., Abhisek Saha shall be released on bail upon furnishing a bond of Rs.10,000/- each with two registered sureties of like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Baruipur, South 24-Paraganas 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.

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.

The application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)