Ayub Ali Khan v. The State Of West Bengal And ANR

20.05.2024 sdas Allowed

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri C.R.M. (DB) No. 218 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ghoksadanga Police Station Case No. 243 of 2023 dated 20.05.2023 under Section 6 of the POCSO Act.

And In Re : Ayub Ali Khan . .... petitioner Ms. Suman Sehanabis (Mandal) Mr. Salok Sah Ms. Anwesha Chakraborty .... for the petitioner Mr. Aditi Shankar Chakraborty, learned APP Mr. Sagnik Sankar Sikdar .... for the State 1.

Learned Counsel for the petitioner submits allegation of rape is false. DNA report shows child born from the minor victim was not that of the petitioner. He is in custody for 357 days. He renews his bail prayer.

2.

Learned Counsel for the State opposes the bail prayer.

3. We have considered the materials on record including the statement of the minor. She stated that she had been raped by the petitioner. However, DNA report shows petitioner is not the father of the child born to the minor. This castes doubt with regard to the involvement of the petitioner in the crime. He is in custody for a considerable period of time.

Under such circumstances, we are inclined to grant bail to the petitioner.

4. 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 Additional Sessions Judgecum-Special Judge (POCSO), Mathabhanga, Cooch Behar, subject to condition that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

5. In the event 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.

6. The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)