Antar Das @ Das v. State Of West Bengal

27.11.2020 SL No.24 AP CRM 9395 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Liluah P.S. Case No.246 of 2020 dated 03.09.2020 under Sections 363/365/376 of the Indian Penal Code read with Section 4 of the POCSO Act. And In the matter of: Antar Das @ Antu ....Petitioner.

Mr. Mrityunjoy Chatterjee ...for the Petitioner.

Mr. Saswata Gopal Mukherjee, Ld. P.P., Mr. Parthapratim Das, Ms. Manasi Roy ...for the State.

It is submitted on behalf of the petitioner that there was a love affair between the parties and the petitioner is in custody for about 65 days.

Learned lawyer for the State opposes the prayer for bail and submits that the victim was minor.

Having considered the materials on record and bearing in mind the facts and circumstances of the case in the light of the submission that there was a love affair between the parties and in view of the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

Let the petitioner 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 Judge, Special Court under POCSO Act, Howrah subject to the condition that during bail the petitioner shall appear before the learned trial court regularly till disposal of the trial and the petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court.

The application for bail is, thus, disposed of. 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.)