Sourav Halder v. State Of West Bengal

03.08.2022.

18.

Ct.No.28.

as (Allowed) C.R.M. (DB) 2570 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dholaghat P. S. Case No.92 of 2021 dated 07.03.2021 under Sections 363/365 of the Indian Penal Code and Section 4 of the POCSO Act and charge sheet submitted under Sections 363/365/376 of the Indian Penal Code and Section 4 of the POCSO Act.

In the matter of : Sourav Halder.

.... Petitioner.

Mr. Dipankar Aditya, Mr. R. Jana.

...for the Petitioner.

Mr. Bidyut Kr. Roy, Ms. Rita Dutta.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is in custody for over 200 days. He submits there was a love affair between the parties and he has been falsely implicated in the instant case.

Learned Advocate for the State opposes the prayer for bail and submits victim is a minor.

We have considered the materials on record. Allegation of rape requires to be assessed in the light of the submission there was an amorous relationship between two young persons. 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, 24-Paraganas, South 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.)