Tufan Sk v. The State Of West Bengal And ANR

19.02.2025 DL-67 Court No.26 (Bail allowed ) CRM (DB) 4219 of 2024 (AD) In re : An application for Bail under Section 439 of the Code of Criminal Procedure as amended/ under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with C. Spl. Case No.106/2024 (C. Special Case No.106/2024) arising out of Saktipur Police Station Case No.199 of 2024 dated 15.08.2024 under Sections 64(2)(M)/351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 6/17 of the Protection of Children from Sexual Offences Act and Charge Sheet submitted under Sections 64(2)(M)/351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 6/17 of the Protection of Children from Sexual Offences Act, presently pending before the Learned Judge, Special (POCSO) Court, Berhampore, Murshidabad.

-AndIn the matter of : Tufan Sk.

... ... Petitioner Mr. Tapodip Gupta, Advocate Mr. Suman Bhanja, Advocate ...for the petitioner Mr. Bitashok Banerjee, Advocate Mr. Mainak Gupta Advocate ...for the State Mr. Mobaidur Hossain, Advocate ... for the de facto complainant.

1. Petitioner prays for bail.

2. State and the de facto complainant are represented.

3. Victim recorded her statement under Section 164 of the Code of Criminal Procedure where she acknowledges that, there was a romantic relationship between her and the petitioner.

4. Victim underwent a medical examination where, the victim confided with the doctor that she was in a Signed By :

ABHIJIT DAS High Court of Calcutta 19 th of February 2025 04:52:35 PM

relationship with her boyfriend and that, the boyfriend refused to marry her.

5. Police filed charge sheet.

6. Petitioner is in custody for six months five days.

7. Romantic relationship subsequently turning sour cannot be ruled out.

8. In such circumstances, we grant bail to the petitioner.

9. Accordingly, we direct that the petitioner, namely, Tufan Sk., 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 at Berhampore, Murshidabad, subject to conditions 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.

10. 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.

11. Accordingly, the prayer for bail of the petitioner is allowed.

12. CRM (DB) 4219 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 19 th of February 2025 04:52:35 PM