Sk Amiruddin @ Amiruddin v. State Of West Bengal

01.08.2023 (D/L 40) Ct. No.29 Allowed (SKB) CRM (A) 2579 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Tamluk P.S. Case No.549 of 2022 dated 22.06.2022 under Sections 365/366/368 of the Indian Penal Code read with Section 6 of the POCSO Act(G.R. Case No.1825 of 2022).

In the matter of : Sk. Amiruddin @ Amiruddin ... Petitioner Md. Abdur Rakib ... for the petitioner Mr. Saswata Gopal Mukerji, ld. PP, Mr. Aniket Mitra, Mr. J. Saha ... for the State

1. Heard the learned Counsel for the parties.

2. Charge-sheet is stated to have been filed.

3. The victim is aged about 13 or 14 years. The petitioner is aged about 21 years. The statement of the victim recorded under Section 164 Cr.P.C. is indicative of romantic relationship and elopement by them out of their own volition, marriage according to Muslim Rites and custom with consequent physical relationship.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, his tender age and possibility of reform in him, nature of allegation and completion of investigation, it is directed that the petitioner shall surrender before the learned ADJ, 2nd

Court at Tamluk in the G.R. Case No.1825 of 2022 arising out of the aforesaid P.S. case within 15 days from today. On his surrender and application for bail, he shall be released on bail by the aforesaid Court on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. Accordingly, the prayer for the anticipatory bail is allowed.

6. The application being CRM(A) 2579 of 2023 is disposed of.

7. The learned court below is hereby directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)