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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH JALPAIGURI
BISWAROOP CHOWDHURY, TAPABRATA CHAKRABORTY, JJ.
In the Matter of: Jasidul Sekh @ Naidu – Petitioner
CRM (DB) No. 133 of 2024
Decided On : 09-4-2024
Bail - False Implication - Romantic Relationship - Blackmailing - Release on Bail
Fact of the Case:
The petitioner, an accused in a case under Section 417/376 of the Indian Penal Code, filed for bail, claiming false implication due to a romantic relationship with the victim girl.
Finding of the Court:
The court found that the allegation under Section 417/376 IPC was not maintainable based on the victim girl's statement under Section 164 Cr.P.C. and other materials in the case diary, and thus granted bail to the petitioner.
Issues: False implication, blackmailing, maintainability of the allegations
Ratio Decidendi: The court's decision was influenced by the lack of maintainability of the allegations under Section 417/376 IPC and the petitioner's claim of false implication due to a romantic relationship.
Final Decision: The petitioner was ordered to be released on bail with two sureties of Rs. 10,000/- each, subject to the satisfaction of the Learned Chief Judicial Magistrate Alipurduar, with conditions to attend court and not meet the de-facto complainant or persons acquainted with the case.
JUDGMENT :
1. This is an application under Section 439 of the Code of Criminal Procedure filed by the petitioner who is an accused in Jaigaon P.S. Case No. 233 of 2023 dated 15-09-2023 under Section 417/376 of the Indian Penal Code 1860 (GR Case No. 1775 of 2023) pending before Learned Chief Judicial Magistrate Alipurduar and is in custody for about 110 days.
2. Heard Learned Advocate for the petitioner and Learned Advocate for the opposite party State of West Bengal and Learned Advocate for the victim girl. Perused the materials in the case diary.
3. Learned Advocate for the Petitioner submits that the petitioner is falsely implicated in this case. Learned Advocate for the petitioner further submits that the petitioner and the victim girl are both major and married persons, and there was a romantic relationship between them and the allegations are not maintainable in the eye of law. Learned Advocate also submits that the petitioner is in custody from 15-09-2023, and as charge-sheet is already submitted, the petitioner be released on bail.
4. The Learned Advocates for both the opposite parties objects the grant of bail. Learned Advocate for the opposite party victim girl submits that the petitioner had blackmailed her client by showing videograph of their intimate moments and her image in the locality is tarnished and she is driven out by her husband.
5. Now with regard to the submissions of the opposite Party victim girl about the plight of her client no relief can be granted to her in this application and she has liberty to move the appropriate forum in accordance with law.
6. However upon perusal of the statement under Section 164 Cr.P.C. made by the victim girl and other materials in the case diary it appears that allegation under Section 417/376 IPC is prime-facie not maintainable. Thus the petitioner should be released on bail.
7. Hence it is Ordered that the petitioner be released on bail with two sureties of Rs. 10,000/- each one of which must be local subject to the satisfaction of Learned Chief Judicial Magistrate Alipurduar. The petitioner upon being released shall attend Court on all dates fixed and shall not meet the de-facto complainant and the persons acquinted with the facts of the case.
8. Hence the petitioner be released on bail with 2 sureties of Rs. 10,000/- each, one of which must be local subject to the satisfaction of Learned ACJM Alipurduar. The petitioner upon being released shall attend Court on all dates fixed and shall not meet the de-facto complainant or the persons acquainted with the facts of the case.
9. This application stands disposed.
The court considered the lack of support from the victim and her mother, the prolonged detention of the accused, and the likelihood of a lengthy trial as grounds for granting bail.
Gravity of offences alleged to have been committed by petitioner and stage at which trial is, no case is made out to release petitioner on bail.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court established that in cases involving minors, the victim's consent and relationship dynamics can influence bail decisions, provided that safeguards against potential harm are implemented.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Point of Law : POCSO – Grant of Bail - Love affair between the petitioner and the prosecutrix and their marriage is likely to take place in near future.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merit of the case.
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