Sk.Akram @ Sk Akram Ali v. State Of West Bengal

17.04.2023 tkm/ct 28 C.R.M. (DB) 1276 of 2023 sl no. 38 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Khanakul PS case no. 555 of 2022 dated 13.12.2022 under sections 341/323/354/506/34 of the IPC and section 8 of the POCSO Act, And Allowed In Re : Sk. Akram @ Sk. Akram Ali ...... petitioner Mr. Sumanta Chakraborty Mr. S Chakraborty Sk. Z Ahmed ...... for the petitioner Mr. Debabrata Chatterjee Mr. Santanu Chatterjee ...... for the State Heard learned lawyers for the parties.

We have considered the materials on record. Keeping in mind the facts and circumstances of the case and the period of detention suffered by the petitioner i.e. 86 days, we are of the opinion further detention of the petitioner is not necessary but his movement requires to restricted in order to instill confidence in the mind of the victim and her witnesses.

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 ACJM Arambagh, Hooghly 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 and on further condition that petitioner while on bail shall not enter the jurisdiction of Khanakul P.S until further orders and shall report to the officer in charge of the P.S

concerned within whose jurisdiction he shall presently reside once in a week until further orders.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 1276 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)