Biswajit Sadhukhan v. State Of West Bengal

15.12.2020 Sl. No.42 akd [ALLOWED] C. R. M. 9969 of 2020 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 25.11.2020 in connection with Polba Police Station Case No.

of dated 22.09.2020 under Sections 366A/370/372/373/376/120B/109 of the Indian Penal Code and Sections 3/4/5/6 of the Immoral Traffic (Prevention) Act, 1956 read with Sections 4/6/8/12/17 of the POCSO Act.

And In Re: Biswajit Sadhukhan ... ... Petitioner Mr. Uday Sankar Chattopadhyay .. Advocate Mr. Pronay Basak .. Advocate ... ... for the petitioner Ms. Faria Hossain .. Advocate Mrs. Sonali Das .. Advocate ... ... for the State Petitioner is the customer who was arrested in course of a raid in a brothel.

In view of the extent of complicity of the petitioner in the alleged crime, period of detention suffered by him i.e. 84 days and as investigation is complete, we are inclined in granting bail to the petitioner.

Therefore, the accused/petitioner, namely Biswajit Sadhukhan, 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 the POCSO Act, Hooghly subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

The application for bail, thus, stands allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)