Calcutta High CourtCRM (DB)/3698/2024allowed

Golu v. The State Of West Bengal And ANR

2024-11-11Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

11.11.2024 Ct. No. 28 SL No. 84 SB CRM (DB) 3698 of 2024 In Re: - An application for bail under Section Section 483 of B.N.S.S., 2023 in connection with Ratua P.S. Case No. 0199 of 2024 dated 16.4.2024 under Sections 363/365 of Indian Penal Code and under Section 6 of POCSO Act.

In the matter of: Golu Mr. Sagar Saha Mr. I. Kabri ...for the Petitioner Mr. Sandip Chakraborty Mr. Abhinaba Mukherjee ....for the State

1. Heard learned lawyers for both parties.

2. Petitioner submits there was a romantic relationship between two young persons. He is in custody for about more than four and half months. He prays for bail.

3. Learned counsel appearing for the State opposes the bail prayer.

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

5. We have considered the materials on record. Statement of victim supports the version of the petitioner that there was a romantic relationship between two young persons. Petitioner is in custody for a considerable period of time. There is no chance of trial concluding in the near future, we are inclined to grant bail to the petitioner.

6. Accordingly, we direct 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, Chanchal, Malda subject to condition that the petitioner shall appear before the trial 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.

Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 12 th of November 2024 04:54:03 PM

7. 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.

8. The application for bail is, thus, allowed and disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 12 th of November 2024 04:54:03 PM