Azijul Khan @ Ajijul Khan v. The State Of West Bengal And ANR.

44.

19.09.2024 Court No.28 (Tanmoy) Allowed

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 2823 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Raiganj Police Station Case No.538/2023 dated 18.05.2023 under Sections 363 of the Indian Penal Code read with Section 4 of POCSO Act, 2012.

And In the matter of: - Azijul Khan @ Ajijul Khan ...petitioner.

Mr. Ashok Das Mr. Sourav Mukherjee Ms. Ayana Dey Ms. Hasi Jana ...for the petitioner.

Ms. Amita Gaur Ms. Ratna Ghosh ...for the State.

Dictated by Arijit Banerjee, J.

1. Service report filed by the State be kept with the records. In spite of service nobody appears for the de facto complainant/victim girl.

2. The petitioner says that there was a love affair between him and the victim girl who was just below 18 years of age at the time of the incident. The victim girl, on her own volition, went with him and they got married. He is in custody for 200 days. Charge has been framed already. His further custodial detention is unnecessary.

3. Learned Advocate for the State, while opposing the prayer for bail, draws our attention to the material in the case diary.

4. We have seen statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, 1973. She refused medical examination.

5. On an overall consideration and assessment of the material on record and the fact that investigation is complete and the petitioner is in custody for quite some time, we are inclined allow the petitioner's prayer for bail.

6. Accordingly, we direct that the petitioner, namely, Azijul Khan @ Ajijul Khan shall be released on bail upon furnishing a bond of Rs.

Station, Purba Medinipur, once in a fortnight, until further orders.

7. In the event the petitioner fails to adhere to any of the conditions stipulated above 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.

8. The application for bail being CRM (DB) 2823 of 2024 is accordingly disposed of.

9. Criminal Section is directed to supply urgent photostat certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)