Calcutta High Court (Appellete Side)
Prohibition Of Child Marriage Act vs In Re : Monimohan Manna @ Mani Mohan Manna on 4 September, 2017
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1 12 04.09.2017
srm CRM No. 8291 of 2017 Re : An application for bail under Section 439 of the Code of Criminal Procedure affirmed on 21.08.2017 in connection with Bagnan P.S. Case No.240 of 2017 dated 29.04.2017 under Sections 376/511/354/323/506/120B of the Indian Penal Code read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 and Sections 10/11 of Prohibition of Child Marriage Act.
And In Re : Monimohan Manna @ Mani Mohan Manna ...Petitioner.
Mr. Navanil De,
Mr. Debarshi Brahma,
Ms. Ayantika Roy ..for the Petitioner
Mr. Binay Kumar Panda
Mrs. Puspita Saha, ..for the State
Mr. Samrat Choudhury ...for the de facto complainant
Heard the learned Counsel appearing for the respective parties and perused the case diary.
The petitioner is in custody for 129 days. Charge sheet has already been submitted.
2It is submitted on behalf of the petitioner that after submission of the charge sheet further custodial detention of the petitioner is no longer required.
It appears from the case diary as perused by the learned State Advocate that the petitioner refused to undergo any medical examination which is at page 49 of the case diary.
It is submitted on behalf of the de facto complainant that the dispute in between the parties was an outcome of misunderstanding which has already been settled.
On perusal of the materials in the case diary or that our attention has not been drawn towards any material showing necessity of further custodial detention of the petitioner even after submission of the charge sheet or that in the event the petitioner is enlarged on bail he is likely to abscond, we are inclined to allow his prayer for granting bail.
Accordingly, we allow the petitioner's prayer for bail. The petitioner be released on bail upon furnishing a bond of Rs.10,000/‐ with two sureties of Rs.5,000/‐ each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under POCSO Act, Uluberia, Howrah, on condition that after release, the petitioner shall attend the trial on each and every day and in the event of any single default 3 on the part of the petitioner, the bail granted to him shall stand cancelled automatically without any further reference to this Court.
The application for bail accordingly stands disposed of.
(Debasish Kar Gupta, J.) (Ashis Kumar Chakraborty, J.)