Calcutta High Court (Appellete Side)
Sariful Molla vs Unknown on 19 December, 2024
Author: Arijit Banerjee
Bench: Arijit Banerjee
32.
19-12-2024
(ct. no.29)
debajyoti
(allowed)
CRM (DB) 3179 of 2024
In re: An application for bail under Section 439 of the Code of
Criminal Procedure/483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 in connection with Baduria
Police Station Case No.386 of 2022 dated 18-06-2022
under Sections 376(2)(n)/506 of the Indian Penal Code
and Sections 04/06 of the Protection of Children from
Sexual Offences Act.
-And-
In the matter of : Sariful Molla
.... Petitioner.
Ms. Anita Kaunda,
Mr. Anubrata Dutta
... For the Petitioner.
Mr. Suman De,
Mr. Sandip Kundu
... For the State.
Dictated by Arijit Banerjee, J.
1. The petitioner says that he is in custody for about two and a half years. He has been falsely implicated. Only 2 out of 28 charge sheet named witnesses have been examined, that too, in part. There is no possibility of an early conclusion of the trial. He prays for bail.
2. We had called for a status report from the State which was filed on the last date. We find that the State proposes to examine 18-20 more witnesses. Therefore, an early conclusion of the trial is practically impossible.
Signed By :
DEBAJYOTI DAS High Court of Calcutta 20 th of December 2024 11:24:40 AM 2
3. We also find prima facie that the statements made by the victim girl in examination-in-chief, are at variance with the statements in the written complaint lodged by her.
4. In view of the aforesaid, we are of the opinion that the petitioner may be enlarged on bail, but on stringent conditions.
5. Accordingly, we direct that the petitioner, namely, Sariful Molla, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Judge, Special Court, POCSO Act, Basirhat. The petitioner shall appear before the learned trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall remain within the jurisdiction of Basirhat Police Station, until further orders, and shall inform, through his learned advocate, the learned trial Court and the Officer-in-Charge/Inspector-in- Charge of Basirhat and Baduria Police Stations his current local address where he shall be residing while on bail and shall report to the Officer-in-Charge/Inspector-in-Charge of Basirhat Police Station once in a week, until further orders.
6. In the event the petitioner fails to comply with any of the conditions stipulated above without any justifiable cause, the learned trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court.
7. The application for bail is, thus, allowed.
8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
Signed By :
DEBAJYOTI DAS High Court of Calcutta 20 th of December 2024 11:24:40 AM 3
9. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.
(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :
DEBAJYOTI DAS High Court of Calcutta 20 th of December 2024 11:24:40 AM