Sk. Sahid Imam v. State Of West Bengal And ANR

02.05.2024 Sl. No.24 akd [ALLOWED] C. R. M. (DB) 1168 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.04.2024 in connection with Arambagh Police Station Case No.14 of 2024 dated 08.01.2024 under Sections 406/420/376/506/379/109 of the Indian Penal Code and Sections 4/6 of the POCSO Act.

And In Re: Sk. Sahid Imam ... ... Petitioner Mr. Niladri Sekhar Ghosh Ms. Sompurna Chatterjee Mr. Sourav Mondal Ms. Labani Sikder Mr. Rony Mondal ... ... for the petitioner Mr. Suman Chakraborty ... ... for the victim Mr. Jaydeep Biswas Ms. Debadrita Mondal ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about 114 days. It is further submitted there was a romantic relationship between two young persons. Investigation is complete. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail.

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

4. We have considered the materials on record including the evidence of the victim. Before Magistrate she stated petitioner had made proposal to her and she had accepted the proposal. Allegation of forcible rape requires to be assessed in the light of the aforesaid circumstances during trial. There is no chance of abscondence. Investigation is complete. Under such circumstances and in view of Signed By :

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

the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

5. Therefore, the accused/petitioner, namely Sk. Sahid Imam, 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 Additional Chief Judicial Magistrate, Arambagh, Hooghly 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.

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