Prasenjit Mondal v. The State Of West Bengal And ANR

16.

20-03-2025 (ct. no.29) debajyoti (allowed) CRM (DB) 344 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Kultali Police Station Case No.691 of 2023 dated 01-11-2023 under Section 376 (AB) of the Indian Penal Code and Section 06 of the Protection of Children from Sexual Offences Act.

- A n d - In the matter of : Prasenjit Mondal .... Petitioner.

Mr. Angshuman Chakraborty, Mr. Shashankha Shekhar Saha ... For the Petitioner.

Mr. Md. Adil Badr, learned Junior Government Advocate, Ms. Manashi Roy ... For the State.

Mr. Sujoy Sarkar ... For the defacto complainant.

Dictated by Arijit Banerjee, J.

1. Status report filed by the State is taken on record.

2. The State and the defacto complainant are represented.

3. Learned advocate for the petitioner shows us the deposition of the victim girl. She has turned hostile. The defacto complainant has not implicated this petitioner.

4. In view of the aforesaid, we see no reason for detaining the petitioner in custody any further. We, thus, allow this application for bail.

5. Accordingly, we direct that the petitioner, namely, Prasenjit Mondal, shall be released on bail upon furnishing a

bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Chief Judicial Magistrate, South 24 Parganas at Alipore. The petitioner 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 and shall not commit any cognizable offence in any manner whatsoever. The petitioner shall remain within the jurisdiction of local police station and shall appear before the Officer-inCharge/Inspector-in-Charge of the said police station once in a week, until further orders.

6. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court.

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.)