Surya Debnath v. State Of West Bengal And ORS

27.02.2025 Item No.41 Court No.26 Allowed CHC CRM (DB) 4426 of 2024 In re : An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Madhyamgram Police Station Case No. 484 of 2024 dated 16.07.2024 under Sections 96/143/98/99/61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4/5/6/7/9 of Immoral Traffic Prevention Act, 1956 and Section 4 of POCSO Act.

-AndIn the matter of : Surya Debnath ... ... Petitioner Mr. Debasis Kar, Advocate Mr. Arka Tilak Bhadra, Advocate ... ... For the Petitioner Ms. Sujata Das, Advocate Ms. Suruchi Saha, Advocate ... ...For the State

1. No active role of Immoral Traffic (Prevention) Act appears from the materials on record so far as petitioner is concerned.

2. Petitioner is in custody for a period in excess of 7 months.

3. Police filed chargesheet.

4. In such circumstances, 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 Judge Special (POCSO) Court, Barasat, North 24 Parganas, 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) 4426 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)