Calcutta High Court (Appellete Side)
Pocso Act. (Special Case No. 27 Of 2017) vs In Re: Abu Taleb @ Abu Talab on 29 August, 2018
1 29.08.18
Sl. No.43 akd [ALLOWED] C. R. M. 6762 of 2018 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 28.08.2018 in connection with Harishchandrapur Police Station Case No. 967 of 2017 dated 29.11.2017 under Section 363 of the Indian Penal Code read with Section 6 of the POCSO Act. (Special Case No. 27 of 2017) And In Re: Abu Taleb @ Abu Talab ... ... Petitioner Mr. S. Chatterjee .. Advocate Mr. Arup Sarkar .. Advocate ... ... for the petitioner Ms. Sreyashee Biswas .. Advocate ... ... for the State The petitioner is seeking bail in connection with a case relating to offences punishable under Section 363 of the Indian Penal Code read with Section 6 of the POCSO Act.
It is submitted on behalf of the petitioner that he is in custody for about 53 days. It is further submitted that there was a love affair between the petitioner and the victim girl and that she has refused to submit herself to medical examination.
Learned Counsel for the State produces the case diary and opposes the prayer for bail.
Having considered the materials on record and bearing in mind the nature of allegations including the conduct of the victim girl in the course of investigation, we are of the opinion that further detention of the accused/petitioner is not necessary. 2
Therefore, the accused/petitioner, namely Abu Taleb @ Abu Talab, 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 Additional Chief Judicial Magistrate, Chanchal, Malda 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.
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. (Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)