Sivak Hazra @ Souvik Hazra v. State Of West Bengal

01.12.2020 b.das CRM 8063 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chatterjeehat P.S. Case No.251 of 2019 dated 28.11.2019 under Sections 420/376(2)(i)(1)/506 of the Indian Penal Code read with Section 4/6 of POCSO Act. And In the matter of: Sivak Hazra @ Souvik Hazra ....Petitioner.

Mr. Sandip Chakraborty Mr. Ashok Das ...for the Petitioner.

Mr. S.G. Mukherjee, Ld. PP.

Mr. Partha Pratim Das Ms. Manasi Roy ...for the State.

It is submitted on behalf of the petitioner that there was a love affair between the parties.

Learned lawyer for the State opposes the prayer for bail. Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission there was a love affair between the parties and in the light of the period of detention suffered by the petitioner and as investigation is complete, we are of the opinion that petitioner may be granted bail.

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 CJM, Howrah subject to condition that the petitioners shall appear before the trial court on every date of hearing

until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. In the event the petitioner fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail is, accordingly, allowed. The parties shall act in terms of the copy of the order downloaded from the official website of this Court.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)