Firdous Sk. @ Firdous Hossain v. The State Of West Bengal And ANR

26.02.2025 Serial no. 67 [Dd] (Bail allowed) CRM (DB) 4358 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 Bhagwangola Police Station Case No. 145 of 2024 dated 02.04.2024 under Sections 363/365/34 of the Indian Penal Code, 1860 subsequently added Sections 376(3)/376(2)(n) of IPC and Section 6 of the POCSO Act, 2012.

-AndIn the matter of : Firdous Sk.@ Firdous Hossain ... ... Petitioner Mr. Ranadeb Sengupta, Mr. Sourav Bishnu, Advocates ... ... For the Petitioner Mr. Saibal Bapuli, APP Ms. Kanchan Roy, Advocates ... ...For the State

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

2. Report submitted in Court be taken on record.

3. At the trial, victim deposed.

4. Deposition of the victim appears to be one of exoneration.

5. Considering the materials on record, we deem it appropriate to 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 Court, Lalbagh, Murshidabad 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) 4358 of 2024 is disposed of.

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