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BISWAROOP CHOWDHURY, TAPABRATA CHAKRABORTY
In the Matter of: Jasidul Sekh @ Naidu – Appellant
Versus
. – Respondent
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 t
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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