[ad_1]
Calcutta High Court (Appellete Side)
Act vs In Re : Xxx on 23 April, 2025
23.04.2025
Sl No.13
Ct. No.39
ss
(Allowed)
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
CRM (M) 126 of 2025
In Re:- An application for bail under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 in connection with Chakdah
Police Station Case No.1452 of 2024 dated 21.12.2024 under
Sections 85/80/107 of Bharatiya Nyaya Sanhita, 2023 read with
Sections 9/10/11 of the Prohibition of Child Marriage Act, 2006
and Section 6 of the Protection of Children From Sexual Offences
Act, 2012.
And
In Re : XXX
…..Petitioner
Mr. Shibaji Kr. Das
Mr. Kaushal Kumar
……….for the Petitioner
Ms. Baisali Basu
Ms. Srilekha Chatterrjee
……….for the State
Mr. Samrat Choudhury
… for the de facto complainant
Affidavit of service filed on behalf of the petitioner is taken
on record.
Learned Advocate for the petitioner submits that the
victim married the petitioner out of love affair between them
and she started residing in the matrimonial home. There are no
such materials to attract the offence under POCSO Act. The
victim committed suicide by hanging after 7 months of
marriage. The petitioner is in custody for 123 days. Further
upon completion of investigation charge-sheet has been
submitted. He seeks for enlargement of the petitioner on bail.
2
Opposing such prayer for bail learned Advocate for the
State submits that there are allegations against the petitioner
of torturing the victim on demand of dowry resulting in
commissioning of suicide by her. The petitioner has also
violated the provisions of Child Marriage Act. She seeks for
dismissal of the bail application.
Learned Advocate for the de facto complainant leaves the
matter to the discretion of the Court.
Perused the case diary and the materials on record.
Admittedly, the victim, who was aged about 17 years, left
with the petitioner and they were married. The allegation made
by the witness of demand of dowry by the petitioner in their
statement is general and omnibus. The consequence of
violation of provisions of Child Marriage Act is to be examined
on trial. Upon completion of investigation charge-sheet has
already been submitted. The petitioner is in custody for 123
days. Considering the above, I am inclined to enlarge the
petitioner on bail.
Accordingly, the petitioner 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 a local,
to the satisfaction of the learned Judge, Special Court under
POCSO Act, Kalyani, Nadia. The petitioner shall appear before
the learned Trial Court on each and every day of substantive
hearing subject to the provisions of Section 317 of the Code of
Criminal Procedure, 1973/Section 355 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 and shall not intimidate the
3
witnesses and/or tamper with evidence in any manner
whatsoever.
In the event the petitioner fails to comply with the
conditions as enshrined hereinbefore, it is open to the trial
court to cancel the bail in accordance with law without further
reference to this Court.
Accordingly, the application for bail being CRM (M) 126 of
2025 is disposed of.
(Bivas Pattanayak, J.)
[ad_2]
Source link