Mukaddar Khan@Mokaddar Khan v. State Of West Bengal

25.09.2020 Court No.12 Item No. 13 Krishnendu Bail Granted C.R.M. 7107 of 2020 With C.R.A.N.1 of 2020 (Via video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Keshpur P.S. Case No. 206 of 2020 dated 07.08.2020 under section 376(2)(n) of the Indian Penal Code,1860 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012;

In Re : Mukaddar Khan @ Mokaddar Khan ......Petitioner Mr. Siddhartha Sarkar ....For the Petitioner Mr. Bidyut Kumar Roy Ms. Rita Datta .......For the State Heard the learned advocates appearing on behalf of the parties.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conference.

The application, being CRAN No. 1 of 2020, is disposed of.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that

there was a love affair between two young persons and the period of detention suffered by the petitioner, i.e. 45 days, we are inclined in granting bail to the petitioner. Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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, Paschim Medinipur and on condition that the petitioner shall appear before the 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 appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail, being CRM No. 7107 of 2020, is disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this court. (Kausik Chanda, J) (Joymalya Bagchi, J)