KHANAKUL P.S. CASE No. 709 of 2023 · Calcutta High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 363, 365, 366, 376(2)(n), 376(3)
- Protection of Children from Sexual Offences Act, 2012 s. 6(1)
- Prohibition of Child Marriage Act, 2006 s. 9
Key paragraphs
- Para 55. Accordingly, 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 Special Judge, POCSO Court, Arambag, subject to the condition that the…
Judgment
Mr. Niladri Sekhar Ghosh …for the Petitioner Mr. Joydeep Biswas Mr. Dattatreya Dutta .…for the State
Petitioner is in custody for 136 days. Petitioner contends there was a romantic relationship between parties. They had married each other.
Inspite of notice nobody appears for the victim.
Statement of the victim is exonerative.
In view of the aforesaid fact, we are inclined to grant bail to the petitioner.
Accordingly, 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 Special Judge, POCSO Court, Arambag, subject to the condition that 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.
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 automatically without any further reference to this Court.
The application for bail is, thus, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : SAURABH BANDYOPADHYAY High Court of Calcutta 6 th of May 2024 05:19:29 PM
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.