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Calcutta High CourtCRM (DB)/916/2024allowed

Saroj Mahato @ Saroj Kumar Mahato v. State Of West Bengal And ANR

2024-03-27Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Partha Sarathi Sen2 pages

27.03.2024.

28.

Ct.No.28.

as (Allowed) C.R.M. (DB) 916 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhadreswar P.S. Case No.84 of 2024 dated 25.02.2024 under Section 6 of the POCSO Act.

In the matter of : Saroj Mahato @ Saroj Kumar Mahato. .... Petitioner.

Mr. Bitasok Banerjee, Mr. Abdus Salam.

...for the Petitioner.

Ms. Subhasree Patel.

...for the State.

Mr. G. N. Imrohi.

...for the de-facto complainant.

1.

Petitioner submits he is a young person and had developed amorous relationship with the victim. Victim had become pregnant. They wish to marry after the victim attains majority. Accordingly, he prays for bail.

2.

Learned Advocate for the State produces the Case Diary. 3.

Learned Advocate for the de-facto complainant does not oppose the bail prayer.

4.

We have considered the materials on record. Victim is a minor. But in her statement she admitted there was a romantic relationship between the parties. Victim has become pregnant and parties wish to marry each other after she has attained majority.

5.

In view of the aforesaid circumstances, we are inclined to enlarge the petitioner on bail.

6.

Accordingly, the petitioner viz., Saroj Mahato @ Saroj Kumar Mahato shall be released on bail upon furnishing a Signed By : ALOK SETH High Court of Calcutta 28 th of March 2024 03:13:35 PM

bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Chandannagore, Hooghly subject to condition that he 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.

7.

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

8. This application for bail is, thus, disposed of. (Partha Sarathi Sen, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 28 th of March 2024 03:13:35 PM