Hussain Ali v. State Of West Bengal

04.12.2020 Court No.3 SL No.15 AP CRM 9533 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raiganj Women P.S. Case No.62 of 2020 dated 14.05.2020 under Sections 10/18 of the POCSO Act.

And In the matter of: Hussain Ali ....Petitioner.

Mr. Sudip Guha ...for the Petitioner.

Mr. Rana Mukherjee, Ms. Sujta Das ...for the State.

Liberty is granted to the learned advocate-on-record to correct the cause title of the petition/application and amend the same in course of the day.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that there is delay in lodging first information report and in view of the period of detention already suffered by the petitioner i.e. about 200 days, 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, Raiganj, Uttar Dinajpur 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, 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.)