Deeepak Mondal v. The State

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** CRM(DB)/10/2024 Deepak Mondal Vs The State Mr. D.Ilango ... for the petitioner Ms.A.S.Zinu ... for the State July 31, 2024 [SR] Item No.3 The charges are under section 376 of Indian Penal Code and the POCSO Act.

Prima facie it appears that the survivor girl, in her statement recorded under section 164 of the Code of Criminal Procedure as also in her deposition recorded before the lerned Trial Court, does not implicate the petitioner at all. Evidence is in progress. Investigation is complete. The petitioner is in custody for about four months. He prays for bail. The State strongly opposes the prayer for bail. On an overall assessment of the materials and evidence on record and considering that further custodial detention of the petitioner may not be necessary, we are inclined to enlarge the petitioner on bail.

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 who must be local, to the satisfaction of the learned Special Judge subject to the condition that he shall appear before the learned trial court on

every date of hearing until further order and shall not intimidate witnesses and/or tamper with the evidence in any manner whatsoever and shall not leave these islands without leave of the Trial Court. In the event the petitioner breaches any of the conditions of bail imposed hereby, the Trial Court will be at liberty to cancel the bail without reference to us. CRM(DB)/10/2024 is accordingly disposed of.

( Arijit Banerjee, J. ) ( Sugato Majumdar, J. )