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Calcutta High CourtCRM (DB)/2548/2024allowed

Sultan Midday v. The State Of West Bengal And ANR.

2024-08-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Apurba Sinha Ray2 pages

12.08.2024.

56.

Ct.No.6.

as (Allowed) C.R.M. (DB) 2548 of 2024 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Uttar Kashipur P.S. Case No.86 of 2024 dated 23.06.2024 under Sections 366A/376 of the Indian Penal Code and Section4 of the POCSO Act and Section 10 of the Prohibition of Child Marriage Act.

In the matter of : Sultan Midday.

.... Petitioner.

Mrs. Sonali Das.

...for the Petitioner.

Mr. Antarikhya Basu, Mr. Soham De Dhara.

...for the State.

Mr. Samrat Choudhury.

...for the Victim girl.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Statement of the victim is exonerative in nature.

3.

In view of the aforesaid, we are inclined to grant bail to the petitioner.

4.

Accordingly, the petitioner viz., Sultan Midday 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, Baruipur, South 24-Paraganas subject to condition that he shall appear before the trial court on every Signed By : ALOK SETH High Court of Calcutta 13 th of August 2024 05:07:17 PM

date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. 5.

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.

6. This application for bail is, thus, disposed of. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 13 th of August 2024 05:07:17 PM