Md Litan Mondal @ Liton Mondal @ Md Liton Mondal v. State Of West Bengal And ANR

24.01.2024.

27.

Ct.No.28.

as (Allowed) C.R.M. (DB) 54 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Domkal P.S. Case No.684 of dated 06.10.2023 under Sections 376(2)(f)/506 of the Indian Penal Code and charge sheet submitted under Sections 376(2)(f)/354C/506 of the Indian Penal Code.

In the matter of : Md. Litan Mondal @ Liton Mondal @ Md. Liton Mondal .... Petitioner.

Mr. Tapodip Gupta, Mr. Suman Bhanja.

...for the Petitioner.

Mr. Joydeep Roy, ld. Jr. Govt. Adv., Ms. P. Ghosh.

...for the State.

1.

Petitioner is in custody for 110 days. he submits he has been falsely implicated. Accordingly, he prays for bail. 2.

Learned Advocate for the State opposes the bail prayer. 3.

Nobody appears for the victim.

4.

We have considered the materials on record. Victim is the married sister-in-law of the petitioner. It is alleged petitioner had blackmailed her by threatening to upload objectionable pictures. No objectionable pictures of the victim has been placed before us. There is delay in lodging the First Information Report. Credibility of the allegations are to be seen in the light of the aforesaid circumstances during trial. Petitioner is in custody for over 100 days. There is no chance of abscondence. Investigation is complete.

5.

Under such circumstances, we are inclined to grant bail to the petitioner.

6.

Accordingly, the petitioner viz., Md. Litan Mondal @ Liton Mondal @ Md. Liton Mondal 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 Chief Judicial Magistrate, Berhampore, Murshidabad 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.

7.

In the event 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.

8. This application for bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)