Sk Sukur Ali v. State Of West Bengal

05.07.2023 tkm/ct 28 C.R.M. (DB) 2230 of 2023 sl no. 116 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Gurap P.S case no. 34 of 2020 dated 26.2.2020 under sections 365/365 IPC, charge sheet submitted under sections 363/365/376(3)/376(2)(n) IPC read with section 6 of the POCSO Act and Allowed In Re : Sk. Sukur Ali ... petitioner Ms. J Rudra ...... for the petitioner Mr. Swapan Banerjee Mr. A S Chatterjee ...... for the State Heard learned lawyers for the parties.

We have considered the materials on record. There was a love affair between the petitioner and the minor victim. They had eloped. Evidence of the victim in court corroborates such plea. Under such circumstances, 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 CJM, Hooghly at Chinsurah 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) 2230 of 2023 is disposed of.

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