Calcutta High Court (Appellete Side)
Rokibul @ Rakibul Hoque & Anr vs Unknown on 20 January, 2025
Author: Arijit Banerjee
Bench: Arijit Banerjee
32.
20-01-2025
(ct. no.29)
debajyoti
(allowed)
CRM (DB) 3978 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 Chanchal
Police Station Case No.241 of 2020 dated 27-02-2020
under Sections 498A/323/34 of the Indian Penal Code
and Sections 3/4 of the Dowry Prohibition Act and
Sections 4/8 of the Protection of Children from Sexual
Offences Act.
-And-
In the matter of : Rokibul @ Rakibul Hoque & Anr.
.... Petitioners.
Mr. Arup Kumar Bhowmick
... For the Petitioners.
Ms. Subhasree Patel,
Ms. Suparna Chatterjee
... For the State.
Dictated by Arijit Banerjee, J.
1. The petitioners say that they have been falsely
implicated. They have no connection with the alleged crime of
penetrative sexual assault on the victim. The investigation is
complete. They are in custody for six months twenty days.
Their further custodial detention is unnecessary.
2. We see from the service report that the defacto
complainant refused to accept service. Let the service report
be kept with the records.
3. Learned State advocate, while opposing the prayer for
bail, draws our attention to the material in the Case Diary.
We have seen the statement of the victim girl recorded under
Section 164 of the Code of Criminal Procedure. It is a bald
Signed By :
DEBAJYOTI DAS
High Court of
Calcutta
20 th of January
2025 05:51:54
PM
2statement. The victim girl refused to undergo medical
examination.
4. On an overall assessment of the facts and
circumstances of the case and considering that the
investigation is complete culminating in submission of charge
sheet, we are of the view that further custodial detention of
the petitioners is not necessary.
5. Accordingly, we direct that the petitioners, namely,
Rokibul @ Rakibul Hoque and Sakir Ali @ Saker Hossain,
shall be released on bail upon furnishing bonds of
Rs.10,000/- (Rupees Ten Thousand) each, with two sureties
of like amount each, one of whom must be local, to the
satisfaction of learned Judge, Special Court under POCSO
Act, Chanchal, Malda. The petitioners 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 petitioners
shall not enter the jurisdiction of Gazole Police Station except
for the purpose of attending the court proceedings and shall,
through their learned counsel, furnish their current local
address where they shall be residing while on bail, to the
learned trial Court and the Officer-in-Charge/Inspector-in-
Charge in whose jurisdiction they shall be residing and the
Officer-in-Charge/Inspector-in-Charge of Chanchal Police
Station and shall appear before the Officer-in-
Charge/Inspector-in-Charge of the jurisdictional police
station where they shall be residing while on bail once in a
week, until further orders.
6. In the event the petitioners fail to adhere to 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.
Signed By :
DEBAJYOTI DAS
High Court of
Calcutta
20 th of January
2025 05:51:54
PM
3
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.
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 January
2025 05:51:54
PM
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