Saber Sk v. The State Of West Bengal And ANR
19.09.2024 Item no. 10.
Court No.28.
AB (Allowed) CRM (DB) 2062 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sagardighi P. S. Case No. 571 of 2023 Dated 30.10.2023 under Section 4/ 17 of the POCSO Act And In the matter of : Saber Sk.
......Petitioner.
Mr. Tapodip Gupta, Mr. Suman Bhanja ......for the Petitioner.
Mr. Iqbal Kabir, Mr. Ratul Ghosh ......for the State.
Dictated by Arijit Banerjee, J.
1.
Deposition of the survivor girl recorded before the learned Trial Court has been placed before us. Let the same be kept with the records.
2.
We have seen the deposition. We have seen the medical report also. The medical report prima facie does not support the prosecution case. The petitioner is in custody for ten months. Examination of the vulnerable witnesses is over. The survivor girl in her deposition admits that there was some trouble between her family and the petitioner's family. She also says that she had no prior acquaintance with the petitioner.
3.
In the aforesaid factual scenario, we see no need to detain the petitioner in custody any more.
Signed By :
APURBA BANDYOPADHYAY High Court of Calcutta 19 th of September 2024 06:09:22 PM
4.
Accordingly, we direct that the petitioner, namely Saber Sk. shall 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 under the POCSO Act at Jangipur, Murshidabad, and on further conditions that he shall not enter the jurisdiction of Raghunathganj Police Station except for attending the court proceedings and shall provide the address where he shall presently reside to the Officer in Charge of the concerned police station and shall meet the Officer in Charge of the concerned police station within whose jurisdiction he shall presently reside once in a fortnight until further orders.
5.
The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.
6.
In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court.
7.
The application for bail is, accordingly, allowed.
8.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)