Md Wasim@Sahil Ansari v. State Of West Bengal

21.09.2022.

23.

as (Allowed) C.R.M. (DB) 3193 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Asansol Women P. S. Case No.53 of 2022 dated 01.07.2022 under Section 376 of the Indian Penal Code and Sections 4/6 of the POCSO Act. In the matter of : Md. Wasim @ Sahil Ansari.

.... Petitioner.

Mr. Apurba Kr. Datta.

...for the Petitioner.

Mr. S. S. Imam, Mr. R. Jana.

...for the State.

Petitioner is in custody for 76 days. He submits there was a love affair between him and the victim girl. He prays for bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record including the statement of the minor victim. She states there was a love affair between two young persons.

Under such circumstances and in view of period of detention suffered by the petitioner, we are of the opinion that he may be granted bail.

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 Chief Judicial Magistrate, Asansol subject to condition that he shall appear before the trial court on every

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

The application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)