Rafik Sekh @ Rafiq Sk v. The State Of West Bengal And ANR

02.05.2024 Sl. No.21 akd [ALLOWED] C. R. M. (DB) 1021 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 28.03.2024 in connection with Bishnupur Police Station Case No.277 of 2018 dated 18.04.2018 under Sections 363/365/376(2)(l) of the Indian Penal Code and Section 6 of the POCSO Act.

And In Re: Rafik Sekh @ Rafiq Sk.

... ... Petitioner Mr. Deepak Prahladka Ms. Reshmi Khatun ... ... for the petitioner Mr. Arani Bhattacharyya ... ... for the victim Ms. Zareen N. Khan Mr. Ratul Ghosh ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for more than six years. It is further submitted there is inordinate delay in trial. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits victim is a special child.

3. Learned Advocate for the victim also opposes the prayer for bail.

4. We have considered the materials on record. Allegations are serious. It is alleged minor with special needs was raped. But petitioner is in custody for more than six years. There is no possibility of trial concluding in the near future. Vulnerable witness i.e. the minor has been examined. Under such circumstances, we are of the opinion fundamental right to speedy trial of the petitioner has been infracted and he is entitled to bail on this score.

5. Therefore, the accused/petitioner, namely Rafik Sekh @ Rafiq Sk. be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Signed By :

ARUP KUMAR DAS High Court of Calcutta 6 th of May 2024 03:56:56 PM

Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Alipore, South 24-Parganas subject to condition that the said petitioner 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 and on further condition that the petitioner, while on bail, shall remain within the district of South 24-Parganas and shall report to the Officer-incharge, Bishnupur Police Station once in a week until further orders.

6. 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.

7. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

ARUP KUMAR DAS High Court of Calcutta 6 th of May 2024 03:56:56 PM