Selim @ Akbar Ali Mondal @ Akbar Ali v. State Of West Bengal And ANR

07.04.2025 Item No.39 Ct.No.34 rc.

Allowed C.R.M. (DB) 475 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Domkal Police Station Case No. 266 of 2019 dated 13.04.2019 under Sections 376D of the Indian Penal Code.

And In Re :

Selim @ Akbar Ali Mondal @ Akbar Ali ... Petitioner.

Mr. Bibaswan Bhattacharya Mr. Amanul Islam Mr. Sourav Mukherjee ... for the Petitioner.

Mr. S.S.Imam Mr. Tirthankar Dhali ... For the State.

Report submitted by the State is taken on record. Heard learned counsels for the parties.

Petitioner is in custody for about three years. Learned counsel for the petitioner produces the evidence of the victim led before the learned trial Court wherein the victim has not implicated the petitioner, has failed to identify him and has in fact been declared as hostile by the prosecution. The evidence of the victim does not corroborate her statement under Section 164 of the Code of Criminal Procedure.

Considering the material on record, this Court is inclined to hold that further detention of the petitioner is not required and he may be granted bail subject to stringent conditions.

Accordingly, the prayer for bail of the petitioner is allowed.

The petitioner, Selim @ Akbar Ali Mondal @ Akbar Ali, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Berhampur, Murshidabad subject to condition that the petitioner shall appear before the learned trial Court on every date of hearing fixed before him 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 learned trial court without any justifiable cause, the learned trial court shall be at liberty to cancel her bail in accordance with law without further reference to this Court. The application for bail is, thus, disposed of. Case Diary be returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)