The Delhi High Court granted bail to Manirul Laskar, who was detained for over two years in a POCSO case, noting he was not the principal accused and the survivor had already been examined.
Petitioner released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each.
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20.01.2023. 31. as (Allowed)
C.R.M. (DB) 105 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Maipith Coastal P. S. Case No.95 of 2020 dated 13.10.2020 under Sections 363/365/376(3) of the Indian Penal Code and Section 4 of the POCSO Act.
In the matter of : Manirul Laskar.
…. Petitioner. Mr. S. D. Roy, Mr. D. Guha. …for the Petitioner. Ms. Faria Hossain, Mr. Anand Keshari. ...for the State.
Intimation report is placed on record. Nobody appears for the survivor.
Petitioner is in custody for more than two years. He submits he is not the principal accused. Survivor has already been examined. He prays for bail. .
Learned Advocate for the State produces the case diary. He submits survivor had boarded the van driven by the petitioner and was taken to the house of the principal accused who ravished her.
We have considered the materials on record. Petitioner is not the principal accused. Vulnerable witness i.e. the survivor has already been examined. Bearing in mind the extent of complicity of the petitioner in the crime, period of detention suffered by the petitioner and as there is little possibility of
2
trial concluding in the near future, we are inclined to grant bail to the petitioner.
Accordingly, the petitioners viz., Manirul Laskar shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the POCSO Act, Baruipur, South 24-Paraganas subject to condition that he 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 the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.
The application for bail is, thus, disposed of.
(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether the petitioner is eligible for grant of bail under Section 439 CrPC considering his role and the delay in conclusion of the trial.
Whether the conditions of bail should be framed for a petitioner detained for more than two years in a POCSO case.
3 provisions across 3 enactments
Manirul Laskar
The State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
