X X X X X X X v. State Of West Bengal And ANR

12.12.2024 Sr. No. 41 Ct. No. 28.

AB (Allowed) C.R.M. (DB) 3961 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nakashipara Police Station Case No.755 of 2024 Dated 21.08.2024 under Section 64 of B.N.S. 2023 read with Section 6 of the POCSO Act In the matter of : XXXXXX ....Petitioner.

Mr. Sumanta Das, Mr. Avilash Tripathy .....For the Petitioner.

Mr. Bidyut Kumar Roy, Mr. Subhajit Choudhury .....For the State.

Mr. Manas Kumar Das......For the Defacto complainant.

1. Heard learned Advocates for the parties.

2. Petitioner submits that parties wish to marry each other after the victim attains majority. This is not opposed by learned Advocate for the defacto complainant.

3. In view of the aforesaid development and as the case involves a romantic relationship between two young persons, we are inclined to grant bail to the petitioner.

4. Accordingly, the petitioner, namely, XXXX 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 under the POCSO Act at Krishnagar, Nadia, subject to condition that he shall appear before the trial court on every date of hearing until further orders and Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 13 th of December 2024 05:45:55 PM

shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.

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 in accordance with law without further reference to this Court.

6. This application for bail is, thus, disposed of. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)