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Calcutta High CourtCRM (DB)/581/2024allowed

Bablu @ Md. Kamrujjaman v. State Of West Bengal And ANR

2024-03-28Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Partha Sarathi Sen2 pages

28.03.2024 sdas allowed CRM (DB) No. 581 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Garden Reach Police Station Case No. 93 of 2023 dated 16.06.2023 under Section 376(2)(n) of the Indian Penal Code adding Section 6 of the POCSO Act.

And In Re : Bablu @ Md. Kamrujjaman ...... petitioner Mr. Deepak Prahladka Ms. Reshmi Khatun ....for the petitioner Mr. Rudradipta Nandy, learned APP Mr. Iqbal Kabir .... for the State 1.

Learned Counsel for the petitioner submits he is in custody for nine months. He has been falsely implicated. He is not biological father of the child born to the victim who was allegedly raped. He prays for bail.

2.

Learned Counsel for the State produces the Case Diary including DNA report. Let the report be kept on record. 3.

DNA report shows petitioner is not biological father of the child born to the victim girl. In view of the aforesaid forensic report which improbabilises the allegation of sexual intercourse between the petitioner and the victim we are inclined to grant bail to him.

4. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two registered sureties of like amount each, to the satisfaction of the Signed By :

SHANTANU DAS High Court of Calcutta 28 th of March 2024 04:51:43 PM

learned Judge, Special Court under POCSO Act, Alipore-cum- 2nd Additional Sessions Judge, Alipore, South 24 Parganas, subject to conditions that 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 in any manner whatsoever.

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

6. The application for bail is, accordingly, allowed. (Partha Sarathi Sen, J.) (Joymalya Bagchi, J.)