Suajn Sk v. State Of West Bengal And ANR

06.09.2023 sdas allowed CRM(DB) No. 3461 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ranitala Police Station Case No. 445 of 2022 dated 06.10.2022 under Sections 363/365/34 of the Indian Penal Code and under Section 4 of the POCSO Act.

And In Re : Sujan Sk. ...... petitioner Mr. Jisan Hossain Ms. Chandrima Debnath ....for the petitioner Mr. Joydeep Roy Ms. Sujata Das ..... for the State Mr. Arnab Chatterjee Mr. Karnel Mondal ..... for the de facto complainant

1. Learned Counsel for the petitioner submits he is in custody for more than ten months. There was a romantic relationship between the parties. He prays for bail.

2. Learned Counsel for the State produces the case diary.

3. Learned Counsel for the de facto complainant submits though victim is a minor there was a romantic relationship between the parties.

4. We have considered the materials on record. There was a romantic relationship between two young persons. Keeping in mind the aforesaid fact and the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

5. Accordingly, we direct that 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 Court under POCSO Act, Lalbagh, Murshidabad, subject to condition that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

6. In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

7. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)