Rejaul Sk@Neel@Rezaul Sk v. State Of West Bengal And ANR

03.07.2023 D/L 55 Ct. No.28 Allowed (SKB) CRM (DB) 2363 of 2023 In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Criminal Misc. Case No.1209 of 2023, Spl TR Case No.103 of 2022 arising out of Sankrail P.S. Case No.795 of 2022 dated 26.07.2022 under Sections 328/506 of the Indian Penal Code, Section 77 of the Juvenile Justice Act, 2015 and Under Section 6 of the POCSO Act, 2012 And In the matter of : Rejaul Sk @ Neel @ Rezaul Sk ... Petitioner Md. Wasim Akram, Sk. Md. Sakil Ali ... for the petitioner Mr. Antarikhya Basu ... for the State Mr. Swanshar Kumar Mondal ... for the victim girl Heard learned advocates for the parties.

Victim has not supported the prosecution during trial.

In such circumstances, we are inclined to grant bail to the petitioner.

Therefore, the petitioner namely Rejaul Sk @ Neel @ Rezaul Sk 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 Judge, Special (POCSO) Court, Howrah 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.

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 for is thus disposed of.

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