Calcutta High CourtCRM (DB)/4609/2023allowed

Nur Selim Sk @ Nurselim Seikh v. The State Of West Bengal And ANR.

2024-01-15Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Partha Sarathi Sen2 pages

15.01.2024 sdas allowed CRM(DB) No. 4609 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Berhampore Women Police Station Case No. 78 of 2020 dated 23.06.2020 under Sections 417/376 of the Indian Penal Code and chargesheet submitted under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

And In Re : Nur Selim Sk. @ Nurselim Seikh ...... Petitioner Mr. Tapodip Gupta ....for the petitioner Mr. Abhra Mukherjee Mr. Sudip Bhattacharji .... for the State Mr. Sauradeep Dutta .... for the de facto complainant

1. Learned Counsel for the petitioner submits there was a romantic relationship between the parties. Petitioner is in custody for 188 days. Accordingly, he prays for bail.

2. Learned Counsel for the State produces the Case Diary.

3. Learned Counsel for de facto complainant does not opposes the bail prayer.

4. We have considered the materials on record. It is contended there was a romantic relationship between two young persons. Victim does not oppose the bail application. Keeping in mind the aforesaid facts and the period of detention suffered by the petitioner i.e. 188 days, we are inclined to grant bail to him.

5. Accordingly, we direct that 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 under POCSO Act Berhampore, Murshidabad, subject to conditions that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

6. In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

7. The application for bail is, accordingly, allowed. (Partha Sarathi Sen, J.) (Joymalya Bagchi, J.)