Paritosh Sardar Alias Chhoton Sardar v. State Of West Bengal

11.12.2020 Court No.28 SL No.22 AP CRM 10235 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nakashipara P.S. Case No.509 of 2020 dated 09.10.2020 under Sections 447/325/354/34 of the Indian Penal Code and Sections 8/10 of the POCSO Act. And In the matter of: Paritosh Sardar @ Chhoton Sardar ....Petitioner.

Mrs. Karabi Roy ...for the Petitioner.

Mr. P.K. Datta, Ld. A.P.P., Mr. Santanu Deb Roy ...for the State.

It is submitted on behalf of the petitioner that he is in custody for about 61 days and prays for bail.

Learned lawyer for the State opposes the prayer for bail. Having considered the materials on record and in view of the facts and circumstances of the case and keeping in mind 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, Krishnagar, Nadia subject to the condition that while on 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.)