Sehabub Sk @ Sehebub Sk v. The State Of West Bengal And ANR

26.

12.12.2024 Court No.28 (Tanmoy) Allowed CRM (DB) 3601 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Mothabari Police Station Case No. 435/2024 dated 28.7.2024 under Sections 4/17 of the POCSO Act, 2012.

And In the matter of: - Sehabub Sk. @ Sehebub Sk. ...petitioner.

Mr. Sujoy Sarkar Mr. Musharaf Alam Ms. Sneha Srivastava ...for the petitioner.

Mr. Anwar Hossain Mr. Parvej Anam ...for the State.

Mr. Sk. Mustafi Rahaman ...for the victim girl.

1. Heard learned counsel for the parties.

2. Petitioner undertakes to marry the victim girl after she attains majority. This has not been opposed by learned Counsel appearing for the victim girl.

3. In view of the aforesaid development, we are of the opinion, further custodial detention of the petitioner is not necessary. He may be enlarged on bail.

4. Accordingly, we direct the petitioner, namely, Sehabub Sk. @ Sehebub Sk. shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court, Additional District Judge, 2nd Court, Malda, subject to condition that the petitioner shall appear before the trial Signed By :

TANMOY GHOSH High Court of Calcutta 17 th of December 2024 11:57:29 AM

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

5. In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail without any further reference to this Court.

6. The application for bail is, thus, allowed and disposed of. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 17 th of December 2024 11:57:29 AM