Safu Pramanik @ Sapu Pramanick @ Rahul Pramanik v. State Of West Bengal And ANR

10.05.2023 tkm/ct 28 C.R.M. (DB) 1662 of 2023 sl no. 43 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with English Bazar Women PS case no. 235 of 2022 dated 12.11.2022 under sections 363 of the IPC, read with sections 4/17 of the POCSO Act and 9/10 of the Prohibition of Child Marriage Act And Allowed In Re : Safu Pramanik @ Sapu Pramanick @ Raul Pramanik ...... petitioner Ms. M Gomes Mr. M Ghosh ...... for the petitioner Mr. S S Imam Mr. S Kundu ...... for the State Heard learned lawyers for the parties.

Inspite of service nobody appears for the minor victim. We have considered the materials on record. Statement of the minor victim shows there was a love affair between the parties. Bearing in mind the fact that there is free mixing between two young persons and the period of detention suffered by the petitioner i.e. 177 days, we are inclined to grant bail to the petitioner.

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 Judge, Special Court, Additional District Judge, 2nd Court, Malda 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.

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) 1662 of 2023 is disposed of.

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