Jasidul Haque @Rasidul v. State Of West Bengal

In the High Court at Calcutta Circuit Bench at Jalpaiguri (Through Video Conference) 30.06.2022 cm/ct 28 C.R.M. (DB) 207 of 2022 JC no. 4 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Tufanganj P.S. Case No. 64 of 2022 dated 20.01.2022 under Sections 363/365 of the Indian Penal Code. Allowed In Re : Jasidul Haque @ Rasidul ..... petitioner Mr. Sabir Ahmed Mr. Mujibar Ali Naskar ...... for the petitioner Mr. Aditi Shankar Chakraborty, ld. A.P.P.

Mr. Tapan Bhattacharjee ...... for the State Petitioner is in custody for 87 days. It is submitted that there was love affairs between the parties.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record including statement of the victim girl who endorses the submission with regard to love affair between the parties. Under such circumstances and the period of detention suffered by the petitioner, we are inclined to grant bail to him.

Accordingly, the petitioner 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, Tufanganj, Cooch Behar on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM(DB) No. 207 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)