X X X X X v. State Of West Bengal And ANR

22.

20.03.2025 Court No.29 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 441 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Domjur Police Station Case No.744/2024 dated 26.09.2024 under Section 8 of the POCSO Act, 2012 & Section 14 of the Foreigners Act. And In the matter of: - XXXX.

...petitioner.

Mr. Sk. Toslim Ali ...for the petitioner.

Mr. Atif Ahmed Siddiqui ...for the State.

Dictated by Arijit Banerjee, J.

1. Report filed by the State in Court today be kept with the records. The report shows that the aadhaar card and pan card of the petitioner are genuine documents.

2. We have also seen the statement of the victim girl recorded under Section 164 Cr.P.C. She exonerates the petitioner.

3. In view of the aforesaid, we see no reason to keep the petitioner in judicial custody any further.

4. Accordingly, we allow the petitioner's prayer for bail.

5. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand) to the satisfaction of learned Additional District

& Sessions Judge, 2nd Court, (Special Court under POCSO Act), Howrah. The petitioner shall appear before the trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

6. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this court.

7. The application for bail being CRM (DB) 441 of 2025 is, thus, disposed of.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

9. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)