Calcutta High CourtCRM (DB)/4209/2024allowed

Ekramul Dewan @ Ekramul v. The State Of West Bengal And ANR

2025-02-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

24.02.2025 Item No.176 Court No.26 S.D.

(Bail granted) CRM (DB) 4209 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Domjur Police Station Case No. 905 of 2023 dated 25.12.2023 under Section 306 of the Indian Penal Code adding Section 6 of the POCSO Act. -AndIn the matter of : Ekramul Dewan @ Ekramul ... ... Petitioner Mr. Asraf Ali Mr. Rafikul Islam Sardar ... ... For the Petitioner Mr. Atif Ahmed Siddiqui ...For the State Affidavit of service filed in Court be kept on record. Despite service, none appears for the defacto complainant. Apparently, the petitioner and the victim were in a romantic relationship. There was a proposal of marriage although the victim before us is a minor.

Apparently, the victim committed suicide as the post mortem report suggests.

At the time of death, victim was in excess of 16 years old.

Police filed charge sheet.

Taking into consideration, the period of detention of the petitioner and the fact that police filed charge sheet as

also the fact that the victim committed suicide, we grant bail to the petitioner.

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 Court under POCSO Act, Howrah subject to the 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.

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. The prayer for bail of the petitioner is allowed. C.R.M.(DB) 4209 of 2024 is disposed of.

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