Saidul Islam Laskar @ Saharul Laskar v. State Of West Bengal

28.07.2022.

54.

Ct.No.28.

as (Allowed) C.R.M. (DB) 2498 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dholahat P. S. Case No.44 of 2019 dated 08.02.2019 under Sections 363/365 and charge sheet submitted under Sections 363/365 of the Indian Penal Code and Section 4 of the POCSO Act.

In the matter of : Saidul Islam Laskar @ Saharul Laskar. .... Petitioner.

Mr. Sandip Kr. Mondal.

...for the Petitioner.

Mr. Swapan Banerjee, Ms. Mausumi Sarkar.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is in custody for about 247 days. He submits there was a love affair between the parties.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Allegation of rape requires to be assessed in the light of the aforesaid submission regarding amorous relationship between the parties. Keeping in mind the aforesaid fact and the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner 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, Kakdwip, South 24-Paraganas subject to condition that he 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 the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

This application for bail is, thus, disposed of. (Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)