Babusona Sardar v. State Of West Bengal And ANR

03.04.2024 tkm/ct 28 C.R.M. (DB) 690 of 2024 sl no. 35 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Krishnagar Kotwali P.S case no. 505 of 2023 dated 30.5.2023 under sections 417/376/506 IPC and section 6(1) of the POCSO Act and Allowed In Re : Babusona Sardar ..... petitioner Mr. S Majumder ...... for the petitioner Mr. Sujon Chatterjee ...... for the State 1.

Petitioner submits there is a romantic relationship between the parties. He has been falsely implicated. He prays for bail. 2.

Learned lawyer for the State opposes the bail prayer. 3.

Inspite of notice nobody appears for the victim. 4.

We have considered the materials on record. We have also examined the statement of the victim. She admits there was a romantic relationship between the parties. Victim is a minor and had become pregnant. Petitioner contends the parties are ready to marry each other after victim attains majority. 5.

Under such circumstances we are inclined to grant bail to the petitioner.

6.

Accordingly, the petitioner 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 POCSO Act Krishnagar, Nadia on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

Signed By :

TAMAL KRISHNA MANDAL High Court of Calcutta 4 th of April 2024 05:14:13 PM

7.

In the event he fails to do so or resorts to dilatory tactics and delay the trial, trial court shall be at liberty to cancel his bail without reference to this court.

8.

The application being CRM (DB) 690 of 2024 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)