Biplab Gundi@Biplab Gunri v. State Of West Bengal

21.09.2020 Sc IA No. CRAN 1 of 2020 CRM 6558 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Mandarmoni Coastal Police Station Case No. 47 of 2019 dated 02.11.2019 under Sections 366A/368/370/370A/372/373/120B/34 of the Indian Penal Code, 1860 read with Sections 3/4/5/6/7 and 9 of the Immoral Traffic (Prevention) Act, 1956 and Sections 4/17/21 of the Protection of Children from Sexual Offences Act, 2012.

And In the matter of: Biplab Gundi @ Biplab Gunri ....Petitioner (in correctional home).

Mr. Kallol Mondal Mr. Amal Krishna Samanta Mr. Arun Kumar Das.

...for the Petitioner.

Mr. Tanmay Kr. Ghosh Mr. Arindam Sen Ms. Sima Biswas.

...for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The allegation against the petitioner is trafficking woman. The petitioner is in custody for over two hundred days. There is no allegation that the petitioner will interfere with witnesses or tamper with evidence or flee from justice. In these circumstances the application for bail is allowed. The petitioner will be released on bail upon furnishing security of Rs. 10,000/- together with personal release bond of equivalent value to

the satisfaction of the appropriate court in Purba Medinipur. The petitioner must, however, attend on every date fixed for trial and in the event of failing to do so, the trial court shall be at liberty to cancel the bail of the petitioner without any reference to this Court. CRM 6558 of 2020 and the interim application filed therein are disposed of.

(I. P. Mukerji, J.) (Md. Nizamuddin, J.)