Allowed bail to the accused in a POCSO case after 523 days of detention, finding further detention unnecessary.
Released on bail upon furnishing a bond of Rs.10,000 with two sureties of like amount, one local.
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07.12.2022 Sl. No.22 [ALLOWED]
C. R. M. (DB) 4140 of 2022
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 18.11.2022 in connection with Raiganj Women Police Station Case No.101 of 2021 dated 01.07.2021 under Section 6 of the POCSO Act.
And
In Re: Mantosh Roy
… … Petitioner
Mr. Jayanta Narayan Chatterjee Mr. Supreem Naskar Ms. Jayashree Patra Ms. Ritushree Banerjee Ms. Dipanwita Das … … for the petitioner Mr. Sujoy Sarkar … … for the de-facto complainant Mr. Joydeep Roy Ms. Sujata Das … … for the State
It is submitted on behalf of the petitioner that he is in custody
for about 523 days. Victim has already been examined.
Learned advocate appearing for the State opposes the prayer
for bail.
Learned advocate appearing for the de-facto complainant also opposes the prayer for bail.
We have considered the materials on record. Victim has already been examined. Balancing the nature of accusation with the protracted period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.
Therefore, the accused/petitioner, namely Mantosh Roy , 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
2
under the POCSO Act, Raiganj, Uttar Dinajpur 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 .
(Siddhartha Roy Chowdhury, J.) (Joymalya Bagchi, J.)
1 issue framed by the court
Whether bail should be granted to the accused after 523 days of detention in a POCSO case.
2 provisions across 2 enactments
Mantosh Roy
State
Siddhartha Roy Chowdhury
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
