In Re Laltu Jana vs State

Rajarshi Bharadwaj, J

The petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.

Learned Counsel appearing for the petitioner submits that the petitioner is falsely implicated in the instant case and no such incident happened as narrated in the complaint of the victim's mother.

Learned Counsel appearing for the State opposes the prayer for bail and submits that the State has not collected the submission of the victim under Section 164 of the Code of Criminal Procedure till date, due to present Lock Down for COVID-19.

Having considered the case diary and bearing in mind the nature of allegations in the light of the aforesaid submission made by the learned Counsel appearing for the petitioner and keeping in mind that the period of detention suffered by the petitioner i.e. 38 days, I am inclined to grant bail to the petitioner. Accordingly, I direct the petitioner namely, Laltu Jana who is in custody for 38 days shall be released on bail upon security of Rs. 10,000/-(Rupees Ten Thousand only) and personal release bond of equivalent amount to the satisfaction of the learned A.D.J. 1st Court at Contai, Purba Medinipur, subject to the condition that the accused person shall meet the Investigation Officer once in a week till disposal of the trial. After being released on bail, the petitioner shall inform his whereabouts to the Investigation Officer and on further condition that the petitioner shall not intimidate the witnesses or tamper with the evidence in any manner whatsoever and shall appear before the trial court on every date of hearing.

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

The concerned judge is requested to act on the server copy of the order of this Court.

The application for bail is, thus, allowed.