Riki Sha v. The State Of West Bengal And ANR

20.05.2024 sdas Allowed

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri C.R.M. (DB) No. 217 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Alipurduar Police Station Case No. 167 of 2022 dated 04.04.2022 under Sections 341/323/325/354/379/34 of the Indian Penal Code read with Section 8 of the POCSO Act.

And In Re : Riki Sha . .... petitioner Mr. Kalipada Das .... for the petitioner Mr. Ujjwal Luksom Mr. Saikat Chatterjee Mr. Chattu Roy .... for the State 1.

Heard the learned Counsels for the parties.

2. We have considered the materials on record including the statement of the victim. Keeping in mind the nature of allegation and as investigation is complete, we are inclined to grant bail to the petitioner.

3. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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, Alipurduar, subject to condition that 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.

4. In the event 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.

5. The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)