Ranjit Das v. State Of West Bengal And ORS.

21.10.2020 b.das CRM 8433 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Habra P.S. Case No.524 of 2019 being Special POCSO case No.57 of 2020 dated 06.08.2020 under Sections 363/365 of the Indian Penal Code read with Section 6 of POCSO Act.

And In the matter of: Ranjit Das ....Petitioner.

Mr. Kallol Kr. Basu Md. Jannat Ul Firdous ...for the Petitioner.

Mr. Anowar Hossain Mr. Benajir Hasna ...for the State.

It is submitted on behalf of the petitioner that there was love affair between the parties and he is in custody for 306 days. Learned lawyer for the State opposes the prayer for bail. Having considered the materials on record and bearing in mind the nature of allegation in the light of the submission there was love affair between the parties and in the light of the period of detention suffered by the petitioner, 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 ADJ, Barasat, North 24 Parganas (Special Judge under POCSO Act) 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.

(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)