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Calcutta High CourtCRM (DB)/2240/2024allowed

Lalbabu Sk @ Anjahu Sk. v. The State Of West Bengal And ANR.

2024-08-16Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Partha Sarathi Sen2 pages

28.

16-08-2024 (ct. no.28) debajyoti (allowed) CRM (DB) 2240 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Murshidabad Police Station Case No.182 of 2024 dated 14-03-2024 under Sections 363/365/342/313/ 120B/34 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act. - A n d - In the matter of : Lalbabu Sk @ Anjahu Sk.

.... Petitioner.

Mr. Niladri Sekhar Ghosh, Mr. Tapadip Gupta ... For the Petitioner.

Mr. Subhamoy Bhattacharya, Ms. Eshita Dutta ... For the State.

Ms. Trina Mitra ... For the defacto complainant.

Dictated by Partha Sarathi Sen, J.

Affidavit-of-Service filed in Court today is taken on record.

We have heard learned advocates for the contending parties. From the material placed before us, it reveals that the present accused petitioner is the father-in-law of the victim girl. It further appears that the victim girl fled away with the principal accused being the son of the present accused petitioner and, thereafter, married him. Out of such marital tie, she became pregnant twice, but her pregnancy was allegedly terminated by her in-laws.

Though there is some incriminating material against the present accused petitioner, however we consider it just and proper to enlarge him on bail in view of the fact that the investigation is complete.

Signed By :

DEBAJYOTI DAS High Court of Calcutta 16 th of August 2024 06:18:02 PM

Accordingly, we direct that the petitioner, namely, Lalbabu Sk @ Anjahu Sk., shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two registered sureties of like amount each, to the satisfaction of learned Judge, Special Court, Lalbagh, Murshidabad. The petitioner shall appear before the trial Court on every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall remain within the jurisdiction of the local police station and shall report to the Officer-inCharge of the said police station once in every fortnight until further orders.

In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail being CRM (DB) 2240 of 2024 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.) (Arijit Banerjee, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 16 th of August 2024 06:18:02 PM