Rahul Sk v. State Of West Bengal

16.12.2022 Sl. No.31 akd [ALLOWED] C. R. M. (DB) 4428 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 13.12.2022 in connection with Baishnabnagar Police Station Case No.919 of 2022 dated 20.10.2022 under Sections 417/506/34 of the Indian Penal Code read with Section 12 of the POCSO Act and Sections 9/10 of Prohibition of Child Marriage Act, 2006.

And In Re: Rahul Sk.

... ... Petitioner Mr. Kazi Mokhlasur Rahman ... ... for the petitioner Mr. Arijit Ganguly Mr. Avik Ghatak ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 40 days. It is further submitted petitioner has been falsely implicated in the instant case.

Learned Advocate appearing for the State opposes the prayer for bail and submits victim is a minor. She had been forcibly kidnapped and married.

We have considered the materials on record. Victim has been recovered. Under such circumstances, we are of the opinion though further detention of the accused/petitioner is not necessary, his movement requires to be restricted in order to instil confidence in the mind of the victim.

Therefore, the accused/petitioner, namely Rahul Sk., be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Malda subject to condition that the said petitioner shall

appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner, while on bail, shall not enter the jurisdiction of Baishnabnagar Police Station until further orders except for the purpose of investigation and/or for attending court proceedings and shall provide the address where he shall presently reside to the Investigating Agency as well as the court below and shall report to the Officer-in-charge of the police station within whose jurisdiction he shall presently reside once in a week until further orders.

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 for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)