Ainul Haque v. State Of West Bengal

28.09.2020 SL No.10 pk CRM 7194 of 2020 With CRAN/1/2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raiganj Women Police Station Case No. 213 of 2019 dated 08.12.2019 under Sections 376(2)/(i)/506 of the Indian Penal Code read with Section 6 of the POCSO Act, 2012. And In the matter of: Ainul Haque ....Petitioner.

Ms. Bursa Khatoon ...for the Petitioner.

Mr. Anwar Hossain, Ms. Manisha Sharma ...for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within a month of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

Accordingly, the application being CRAN 1 of 2020 is disposed of.

We have perused the materials against the petitioner available on record as well as the statement of the victim and the medical report. Considering the length of custody already suffered by the petitioner, we are inclined to grant bail to the petitioner. Accordingly, we direct that 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 (POCSO), Raiganj, Uttar Dinajpur and on condition that during bail, the petitioner shall meet the

investigating officer of the case once in a week. The petitioner shall not enter the jurisdiction of the Raiganj Women Police Station until further orders except for the purpose of the meeting the investigating officer and/or attending the court proceedings and shall provide the address where the petitioner shall personally reside to the investigating officer as well as the court below. CRM 7194 of 2020 is disposed of.

(Soumen Sen, J.) (Jay Sengupta, J.)