Sk. Babar @ Buro @ Sk. Babar Ali v. State Of West Bengal

20.02.2025 Item No.89 Court No.26 S.D.

(Bail granted) CRM (DB) 4332 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 Balagarh Police Station Case No. 177 of 2024 dated 09.04.2024 under Sections 376(2)(1)/506 of the Indian Penal Code, 1860. -AndIn the matter of : Sk. Babar @ Buro @ Sk. Babar Ali ... ... Petitioner Mr. Jayanta Narayan Chatterjee Ms. Sreeparna Ghosh Ms. Ritushree Banerjee ... ... For the Petitioner Ms. Sayanti Santra Mr. Sandip Kundu ... ...For the State Petitioner is in custody for 10 months and 13 days. Police filed charge sheet.

Victim is speech impaired. Victim underwent medical examination one day after the alleged penetrative sexual assault on her.

During medical examination, no injury marks were found on the private parts of the victim.

Considering the period of detention and the materials on record in the case diary and the fact that the police filed charge sheet, 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 Chief Judicial Magistrate, Hooghly, at Chinsurah, 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.

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) 4332 of 2024 is disposed of.

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