Budheswar Rajwar v. The State Of West Bengal And ANR

07.11.2024.

98.

Ct.No.28.

as/sdas (Allowed) C.R.M. (DB) 3684 of 2024 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Joypur P.S. Case No.70 of 2024 dated 16.06.2024 under Section 4 of the POCSO Act read with Section 376 of the Indian Penal Code.

In the matter of : Budheswar Rajwar.

.... Petitioner.

Mr. Mrityunjoy Chatterjee.

...for the Petitioner.

Mr. Sudip Kumar, Mr. Mainak Guptas.

...for the State.

1.

Petitioner submits there was a romantic relationship between two young persons. He is in custody for 135 days. Accordingly, he prays for bail.

2.

Learned Advocate for the State produces the Case Diary. 3.

Inspite of notice, nobody appears for the victim. 4.

We have considered the materials on record. Victim admits there was an intimate relationship between herself and the petitioner in her statement before Magistrate. 5.

Under such circumstances, we are inclined to grant bail to the petitioner.

6.

Accordingly, the petitioner viz., Budheswar Rajwar 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 C ourt under the POCSO Act, Purulia subject to condition that he shall appear before the trial court on every date of hearing until Signed By : ALOK SETH High Court of Calcutta 8 th of November 2024 04:48:47 PM

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

7.

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.

8. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 8 th of November 2024 04:48:47 PM