rkd Ct. No.28
C.R.M. 2555 of 2020
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 05/03/2020 in connection with
Patashpur P.S. Case No. 184 of 2019 dated 24/06/2019 under
Sections 498A/376 of the Indian Penal Code and under Sections
4/6 of the POCSO Act.
In the matter of: Sukumal Pahari
Mr. A. Karmakar,
Mr. A. Bhowmick
…for the petitioner.
Mr. B. K. Roy,
Ms. R. Datta
…for the State.
Petitioner is in custody for 252 days. It is further
submitted that he has been falsely implicated in the instant case
due to matrimonial dispute.
Learned counsel appearing on behalf of the State opposes
the prayer for bail and submits that the minor became pregnant
and gave birth to a child.
Having considered the materials in the case diary and
bearing in mind the nature of allegations in the light of the
submission that petitioner has been falsely implicated in the
instant case due to matrimonial dispute and in view of the period
of detention suffered by the petitioner, we are inclined to grant
bail to the petitioner.
Accordingly, the petitioner is directed to 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 Judge, 1st Court cum Judge,
Special Court, Contai subject to the condition that during bail he
shall appear before the learned trial court regularly and he shall
not intimidate witnesses or tamper with evidence in any manner
In the event the petitioner fails to comply with the
conditions as enshrined hereinbefore, it is open to the trial court
to cancel the bail without any further reference to this Court.
The application for bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)