Rabi Sardar @ Bhutto v. State Of West Bengal And ORS.

02.05.2022 Serial no. 54 [Dd] (Bail allowed) CRM (DB) 1161 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Joynagar Police Station Case No. 127 of 2022 dated 14.02.2022 under Sections 363/365/368/34 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences. Special Case no. 40 of 2022.

-AndIn the matter of : Rabiul Sardar @ Bhutto ... ... Petitioner Mr. Bibaswan Bhattacharya, Mr. Anupam Bar, Advocates ... ... For the Petitioner Mr. Bidyut Kr. Roy, Ms. Rita Datta, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 59 days. Police filed charge sheet and, therefore, further detention of the petitioner is not required. There was a love relationship between the petitioner and the victim.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code. The victim is 17 years of age. She states in her statement recorded under Section 164 of the Criminal Procedure Code that she went voluntarily with the petitioner. Considering the period of detention of the petitioner and considering the statement of the victim recorded under Section 164 of the Criminal Procedure Code and considering

the fact that police filed change sheet, we are inclined to grant bail to the petitioner.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), 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, Baruipur, South 24-Parganas subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

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 the bail of the petitioner in accordance with law without further reference to this Court. The prayer for bail of the petitioner is allowed. CRM (DB) 1161 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)