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Pocso Act vs In Re : Anowar Sk. & Anr on 11 May, 2018

1

11.05.2018
77

sdas
Allowed

C.R.M. 2266 of 2018

In Re:- An application under Section 439 of the Code of Criminal
Procedure filed on 07.05.2018 in connection with Murshidabad Police
Station Case No. 276 of 2017 dated 29.05.2017 under Sections
498A/323/34 of the Indian Penal Code and under Sections 6/8 of the
POCSO Act.

And

In Re : Anowar Sk. Anr. …… petitioners

Mr. Kallol Kumar Basu,
Mr. Debapriya Samanta
…..for the petitioners

Mr. Madhusudan Sur, learned A.P.P.

….for the State

Liberty is granted to the learned Counsel appearing for the

petitioners to correct the cause title.

It is submitted by the learned Counsel appearing for the

petitioners that petitioner no. 1 is in custody for 88 days and

petitioner no. 2 is in custody for 111 days and they are not the

principal accused.

Learned Counsel appearing for the State opposes the prayer for

bail.

Having considered the materials in the case diary and bearing in

mind the fact that allegation of penetrative sexual assault is not

labelled against the petitioners and keeping in mind the extent of their

complicity in the alleged crime and the period of detention suffered by

them and that investigation is complete, we are of the opinion that
2

further detention of the petitioners may not be necessary in the facts

of the case.

Accordingly, we direct that the petitioners shall be released on

bail upon furnishing a bond of Rs.10,000/- each with two sureties of

like amount each, one of whom must be local, to the satisfaction of the

learned Judge, Special Court, Lalbagh, Murshidabad, and on

condition that they shall not intimidate the witnesses or tamper with

evidence in any manner whatsoever and they shall appear before the

trial court on every date of hearing and in the event they fail to do so,

the trial court shall be at liberty to cancel their bail without further

reference to this Court.

The application for bail is, accordingly, allowed.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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