Soniya Yadav v. State Of West Bengal And ANR

26.09.2023.

35.

Ct.No.28.

as (Allowed) C.R.M. (DB) 3636 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Uluberia P.S. Case No.328 of dated 09.05.2018 under Sections 363/365/370/370(1)/372/376(2) of the Indian Penal Code and Section 6 of the POCSO Act and Section 4/5 of the Immoral Traffic Act.

In the matter of : Sonia Yadav.

.... Petitioner.

Sk. Toslim Ali.

...for the Petitioner.

Ms. Zareen N. Khan, Mr. Arup Sarkar.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

Nobody appears for the victim.

3.

We have considered the materials on record. Evidence of the victim is exonerative.

4.

In view of the aforesaid development and the period of detention suffered by the petitioner i.e. four years and six months, we are inclined to grant bail to the petitioner. 5.

Accordingly, the petitioner viz., Sonia Yadav 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 Additional Chief Judicial Magistrate, Uluberia, Howrah subject to condition that she 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.

6.

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 her bail in accordance with law without further reference to this Court.

6. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)