Sharuk Shaikh @ Saruk v. The State Of West Bengal And ANR

07.8.2024 Ct. No. 6 SL No. 26 SB C.R.M. (DB) 2418 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Duttapukur P.S. Case No. 651/22 dated 06.7.2022 under Section 363 of the Indian Penal Code and Section 6 of the POCSO Act.

And In the matter of: Sharuk Shaikh alias Saruk Mr. Angshuman Chakraborty Mr. Rajzzaman Md. Aziz Mr. S.S. Saha ... for the petitioner Mr. Avishek Sinha Mr. Abhinaba Mukherjee ... for the State

1. Heard the learned lawyers for both the parties.

2. In spite of service, nobody appears for the victim.

3. We have considered the statement of the victim. There was a romantic relationship between the parties. Keeping in mind the aforesaid fact and period of detention suffered by the petitioner i.e. 95 days, we are inclined to grant bail to the petitioner.

4. 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 POCSO Court, Barasat, North 24 Parganas subject to the condition that the petitioner shall 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.

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

SAURABH BANDYOPADHYAY High Court of Calcutta 9 th of August 2024 09:51:27 AM

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

SAURABH BANDYOPADHYAY High Court of Calcutta 9 th of August 2024 09:51:27 AM