Calcutta High CourtCRM (DB)/2358/2024allowed

Rupchand Mahata v. The State Of West Bengal And ANR

2024-08-06Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

45.

06.08.2024 Court No.6 (Tanmoy) Allowed CRM (DB) 2358 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Lalgarh Police Station Case No. 7/2024, dated 18.01.2024 under Sections 363/366/376(2)(n)/34 of the Indian Penal Code read with Sections 6/17 of the POCSO Act, 2012 and Sections 9/10/11 of the Prohibition of Child Marriage Act, 2006.

And In the matter of: - Rupchand Mahata ...petitioner.

Mr. Soumyajit Das Mahapatra Ms. Madhusri Sinha ...for the petitioner.

Mr. Partha Pratim Das Mr. Subhasish Datta ...for the State.

1. Heard learned counsel for the petitioner as well as learned counsel for the State.

2. Inspite of notice nobody appears for the victim.

3. We have considered the materials on record including the statement of the minor victim. Her statement discloses romantic relationship between the two young persons.

4. Under such circumstances, we are inclined to enlarge the petitioner on bail.

5. Accordingly, we direct the petitioner, namely, Rupchand Mahata 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 Special Court (Additional Sessions Judge, 2nd Court), Jhargram subject to condition that the petitioner shall Signed By :

TANMOY GHOSH High Court of Calcutta 7 th of August 2024 05:07:59 PM

appear before the trial court on each and every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

6. In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel the his bail without any further reference to this Court.

7. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 7 th of August 2024 05:07:59 PM