Saiful Khan @ Saiful Ali Khan And ANR v. State Of West Bengal

CRM (DB) 1335 of 2022 19.05.2022 Sl. 65 Court No.29 (sourav) (Allowed) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Shyampur Police Station Case No. 104 of 2022 dated 18.03.2022 under Sections 448/341/323/506/34 of the Indian Penal Code, 1860 and Section 12 of the POCSO Act, 2012.

And In the matter of: Saiful Khan @ Saiful Ali Khan & Anr. ....petitioners.

Md. Sabir Ahmed Mr. Apan Saha ...for the petitioners.

Mr. Sujan Chatterjee ... for the State.

Petitioners pray for bail.

Learned advocate appearing for the petitioners submits that there are civil suits pending between the private parties. The petitioners were falsely implicated. He submits that the present police case was lodged after three months of the alleged incident through a process under Section 156(3) of the Criminal Procedure Code.

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. Considering the period of detention of the petitioners and considering the fact that there are civil suits pending between the private parties, we grant bail to the petitioners. Accordingly, the petitioners be released on bail upon furnishing a Bond of Rs. 10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Uluberia,

subject to the condition that during bail the petitioners shall report before the Officer-in-Charge once a fortnight till the conclusion of the trial and on further condition that the petitioners shall appear before the learned trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court.

The application for bail being CRM (DB) 1335 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bivas Pattanayak, J.)