Sahidul Sk @ Sahidul Sekh v. State Of West Bengal

13.10.2022 cm/ rkb ct 28 C.R.M. (DB) 3584 of 2022 sl no. 51 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Reginagar P.S. Case No. 01 of 2016 dated 06.01.2016 under Sections 376/372/363/366A/511/34 of the Indian Penal Code read with Sections 4/10 of POCSO Act read with Sections 9/11 of Prohibition of Child Marriage Act, 2006. Allowed In Re : Sahidul Sk @ Sahidul Sekh.

..... petitioner Md. Sabir Ahmed Md. Abdur Rakib ...... for the petitioner Mr. P.K. Datta. Ld. A.P.P.

Mr. Santanu Deb Roy ...... for the State Petitioner is in custody for 11 months. It is contended that co-accuseds are on bail.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. There is little possibility of trial concluding in near future. Hence, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner 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, Murshidabad, at Berhampore on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM(DB) No. 3584 of 2022 is disposed of.

(Supratim Bhattacharya, J.) (Joymalya Bagchi, J.)