Sujit Natta v. State Of West Bengal And ORS.

19.10.2020 Sl. No. 25 kb/b.r.

Crt.12 Allowed CRM 8046 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Special Case No. 15 of 2020 (POCSO), arising out of Tapan P.S. Case No.71 of 2020 dated 03.03.2020 under Sections 341/323/307/376(2)[i] [1] of the IPC, read with Section 4 of POCSO Act.

And In the matter of: Sujit Natta ....Petitioner.

Mr. Sayan De ...for the Petitioner.

Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ...for the State.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. The learned advocate for the petitioner submits that the petitioner has been falsely implicated in this case. The petitioner is in custody for a considerable period of time and charge-sheet has already been submitted.

The learned advocate for the State however opposes the prayer for bail. Learned advocate for the State has relied upon the statement of victim under Section 164 CrPC submits that the petitioner is directly involved in this case.

Having considered the Case Diary and medical examination report and read it along with the statement of the victim, and also having regard to the length of custody of the petitioner, we are inclined to release the petitioner on bail.

Let the petitioner be released on bail upon furnishing a Bond of Rs. 20,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Dakshin Dinajpur subject to the condition that during bail he shall not enter the jurisdiction of the Tapan police station except for the purpose of meeting the IO and for attending the court and on further condition that the petitioner shall attend the court on each and every fixed and subject to the condition enshrined in Section 437(3) of Cr.PC. The petitioner shall in addition report to the local police station where he is residing once in a month. In the event of non-compliance of any of the conditions mentioned above the trial court shall be at liberty to cancel the bail without any further reference to this court.

CRM 8046 of 2020 stands thus disposed of.

Learned advocate as well as the other concerned authorities shall act on the copy of the order downloaded from the official website of this Court.

(Soumen Sen, J.) ( Abhijit Gangopadhyay, J.)