Satyen Biswas v. State Of West Bengal

15.03.2021 BPG/TN Calcutta High Court In The Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction CRM 254 of 2021 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dhupguri Police Station Case No.

of dated 06.09.2020 under Sections 376(2)(n)/376(3)/312/313 Indian Penal Code read with Section 6 of POCSO Act.

And In the matter of: Satyen Biswas .... Petitioner Mr. Jaydeep Kanta Bhowmik ... For the Petitioner Mr. Ujjwal Luksom, Ms. Namrata Das ... For the State Upon hearing the submissions of learned counsel for the parties, it is evident that there is sufficient scope of giving benefit of doubt to the petitioner in view of the nature of the statements made by the witnesses against him as well as the allegations made against the petitioner; more so, since the prime accused in the present case has already been granted bail in a previous matter, taken up today by this Bench.

Hence, bail is granted to the petitioner on condition that the petitioner, namely, Satyen Biswas, shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the Special Court (under the POCSO Act), subject to the condition that the petitioner shall appear before the trial court on every date of hearing and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person

from disclosing such facts to the court or to any police officer or tamper with evidence in any manner whatsoever and on further condition that the petitioner shall not leave the State of West Bengal without prior permission of the court.

In the event the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this court.

CRM 254 of 2021 is, thus, allowed with the above observations. (Sabyasachi Bhattacharyya, J.) (Kausik Chanda, J.)