COASTAL POLICE STATION CASE No. 38 of 2022 · Calcutta High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 363, 365, 376(3)
- Protection of Children from Sexual Offences Act, 2012 ss. 4(3)(2), 6(1)
Judgment
Mr. Niladri Sekhar Ghosh Mr. Partha Sarathi Mondal Ms. Faria Hossain Mr. Anand Kesari And … … Petitioner … … for the petitioner … … for the State It is submitted on behalf of the petitioner that he is in custody for about 125 days. Investigation is complete. Learned advocate appearing for the State opposes the prayer for bail. We have considered the materials on record. Statement of the victim girl is exonerative in nature. In view of the aforesaid fact, period of detention suffered by the petitioner and as investigation is complete, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Sk. Rafik @ Rafik Sk., be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the POCSO Act, Kakdwip, South 24-Parganas subject to condition that the said 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. 2 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 for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
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.