Khokan Saha vs Unknown on 7 March, 2016

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Calcutta High Court (Appellete Side)

Khokan Saha vs Unknown on 7 March, 2016

Bench: Ashim Kumar Roy

pk CRM No. 11685 of 2015 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 10.12.2015 in connection with Mahishadal P.S. Case No. 283/15 dated 24.08.15 under Sections 363/366A/370/370A/372/373/120B of the Indian Penal Code and Sections 3/4/5/6/7/9 of the Immoral Traffic (Prevention) Act.

                                And
In the matter of:- Khokan Saha         Petitioner
Mr. Amitabha Karmakar            For the petitioner

Mr. Monjit Singh, Ld. P.P.,
Mr. Sarjati Dutta                for the State

Heard the Learned Counsel appearing on behalf of the parties. Perused the case diary.

At the very outset the learned counsel for the State in his usual fairness draws our attention to the statements of the one victim girl, Salema Khatoon recorded under Section 164 of the Code of Criminal Procedure, which is at page 182 of the case diary and pointed out if this court goes through the same at once will find the nature of petitioner's involvement.

We have very carefully gone through the said statement and find that in fact the victim in her said statement prima facie exonerated the present petitioner from commission of any offence.

Having regard to above, the prayer for bail of the petitioner is allowed.

Let the petitioner be released on bail to the satisfaction of the Learned Additional Chief Judicial Magistrate, Haldia, Purba Medinipur upon furnishing a Bond of Rs. 10,000/- with two sureties of Rs. 5,000/- each, one of whom must be local and on further condition that he shall not tamper with the prosecution case or commit any offence while on bail.

The application for bails is, thus, disposed of.

(Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.)

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Calcutta High Court (Appellete Side)