Kaushik Bagdi v. State Of West Bengal

18.09.2020 Sc IA No. CRAN 1 of 2020 CRM 6718 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with C. Spl. Case No. 25 of 2020 arising out of Kandi P.S. Case No. 244 of 2020 dated 14.6.2020 under Sections 417/376/506/34 of the Indian Penal Code read with Section 4 of Protection of Children from Sexual Offences Act. And In the matter of: Kaushik Bagdi ....Petitioner (in custody).

Mr. Somnath Adhikary ...for the Petitioner.

Mr. Ranobir Roy Chowdhury Mr. Mainak Gupta.

...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 petitioner claims that the survivor and the survivor's family do not wish to pursue the matter and the survivor's family is waiting for the survivor to attain majority and be able to marry the petitioner. In such view of the matter, the petitioner is entitled to bail, though the law will take its own course in the matter. The petitioner will be enlarged on bail on furnishing security of Rs. 10,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of the appropriate Court in Murshidabad.

The petitioner will also attend every date fixed for trial and any unexplained absence will entitle the trial court to cancel his bail without reference to this Court.

CRM 6718 of 2020 and the interim application filed therein are disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)