Baul Mondal v. The State Of West Bengal And ANR.

24.05.2024 sdas Allowed

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri C.R.M. (DB) No. 237 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Pundibari Police Station Case No. 42 of 2024 dated 23.01.2024 under Sections 363/365 of the Indian Penal Code read with Section 6 of the POCSO Act.

And In Re : Baul Mondal . .... petitioner Mr. Hillol Saha Podder Ms. Mousumi Das .... for the petitioner Mr. Abhijit Sarkar Mr. Sanjib Das .... for the State 1.

Report is placed on record.

2.

Inspite of service of notice nobody appears for the victim.

3. We have considered the statement of the victim. Though she is a minor she claims that she had voluntarily eloped with the petitioner and married him. In view of the aforesaid circumstance which discloses a romantic relationship between two young persons, we are inclined to enlarge the petitioner on bail.

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 Judge, Special Court under POCSO Act-cum- learned Additional Sessions Judge, 2nd Court, Coochbehar 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.)