Md.Alam@Alam Miya@Miah v. The State Of West Bengal And ANR

In The High Court at Calcutta In the Circuit Bench at Jalpaiguri 09.01.2025 CRM (DB) 715 of 2024 KAUSHIK/ct. 1 sl no.09 In Re: An application for bail under Section 483 of the B.N.S.S., 2023 in connection with New Jalpaiguri Police Station Case No. 1051 of 2024 dated 14.10.2024 under section 6 of the POCSO Act And In the matter of: Md. Alam @ Alam Miya @ Miah ...... petitioner Mr. Sandip Guha Roy Mr. Biswajit Das Mr. Ananda Paul ...... for the petitioner Mr. Aditi Shankar Chakraborty Mr. Saikat Chatterjee ...... for the State This is an application for bail.

Considering the fact that the charge-sheet has already been filed and the statement of the victim and that the petitioner and the victim were involved in a love relationship and had fled on her own consent, we are of the view that further custodial interrogation of the petitioner is not necessary.

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

Accordingly, the petitioner, namely, Md. Alam @ Alam Miya @ Miah 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 Chief Judicial Magistrate, Jalpaiguri, subject to condition that he shall not leave the jurisdiction of the concerned police station and shall report to

the Officer-in-Charge of the concerned police station once in a fortnight until further orders.

The 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 or commit similar offences in future.

In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

The application for bail is, thus, disposed of. (Ravi Krishan Kapur, J.) (Uday Kumar, J.)