Chiranjit Mandal @ Chiru v. State Of West Bengal
04.12.2020 Court No.3 SL No.19 AP CRM 9753 of 2020 With CRAN 1 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhutni P.S. Case No.17 of 2020 dated 16.01.2020 under Section 363 of the Indian Penal Code and added Section 4 of the POCSO Act.
And In the matter of: Chiranjit Mandal @ Chiru ....Petitioner.
Mr. Md. Sabir Ahmed, Mr. Mujibar Ali Naskar, Mr. Apan Saha, Mr. Biswajit Tiwari ...for the Petitioner.
Ms. Sukanya Bhattacharya, Mr. Md. Kutubuddin ...for the State.
Petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being CRAN 1 of 2020 is disposed of. Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that there was a love affair between the parties and in view of the period of detention already suffered by the petitioner i.e. about 280 days and as the investigation is complete, 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, Malda 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.)