Ajimuddin Ahammad v. The State Of West Bengal And ANR
25.02.2025 Item no. 303.
Court No.29.
AB (Allowed) CRM (DB) 333 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliyaganj Police Station Case No.402 of 2022 Dated 21.08.2022 under Section 6 of the POCSO Act And In the matter of : Ajimuddin Ahammad ......Petitioner.
Mr. Golam Mustafa, Mr. T. S. Samanta, Mr. K. A. Iqbal ......for the Petitioner.
Ms. Manisha Sharma, Ms. Suruchi Saha ......for the State.
Dictated by Arijit Banerjee, J.
1.
Affidavit of Service filed in Court today, be kept with the records. In spite of service, nobody appears for the defacto complainant/victim.
2.
The petitioner says that he has been falsely implicated because of a land dispute between himself and his brother. He is in custody for about 920 days. On the last few occasions, the victim girl did not turn up for being examined. Nobody knows when the trial will conclude. The petitioner renews his prayer for bail which was rejected earlier in March, 2023.
3.
Opposing the prayer, learned State Counsel draws our attention to the statements of the two victim girls recorded under Section 183 B.N.S.S. 2023. We have also seen the medical report. The statements of the two victim girls are identical, word to word. This is a little
strange. The medical report prima facie does not support the prosecution case.
4.
On an overall assessment of the material on record, we are of the view that the possibility of false implication of the petitioner cannot be ruled out.
5.
We also see that the petitioner is in custody for a substantial period of time and there is little possibility of an early conclusion of the trial given that only 4 out of 19 charge sheet named witnesses have been examined till date. Hence, we are inclined to allow the petitioner's prayer for bail.
6.
Accordingly, we direct that the petitioner, namely AJIMUDDIN AHAMMAD 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 the POCSO Act at Raiganj, Uttar Dinajpur, and on further conditions that he shall remain within the jurisdiction of the concerned Police Station and shall meet the Officer in Charge of the concerned Police Station once in a fortnight until further orders. 7.
The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.
8.
In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause,
the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court.
9.
The application for bail is, accordingly, allowed. 10.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)