Xxxx v. The State Of West Bengal And ANR

20.02.2025 Serial no. 66 [Dd] (Bail allowed) CRM (DB) 4302 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Liluah Police Station Case No. 159 of 2024 dated 29.03.2024 under Sections 363/365 of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012. -AndIn the matter of : XXXXXXX ... ... Petitioner Md. Wasim Akram, Ms. Sabrina Parveen, Advocate ... ... For the Petitioner Mr. R. Roy Chowdhury, Md. Kutubuddin, Advocates ... ...For the State

1. Affidavit of service filed in Court be taken on record. None appears for the victim.

2. Petitioner before us is about 23 years of age. The victim apparently at the time of incident was in excess of 17 years.

3. Deposition of the victim at the trial is complete.

4. Without pronouncing on the merits of the case, we do not find requirement of continuing with the custody of the petitioner.

5. Consequently, we grant bail to the petitioner.

6. Accordingly, we direct that the petitioner shall 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 Judge, Special (POCSO) Court, Howrah subject to condition that the petitioner shall appear before the learned trial

court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

7. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court.

8. The prayer for bail of the petitioner is allowed.

9. CRM (DB) 4302 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)