Koushik Mali v. State Of West Bengal

04.03.2022 Ct. No. 29 KAUSHIK Allowed C.R.M. (DB) 620 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ranaghat Womens Police Station Case No. 123 of 2021 dated 27.10.2021 under Sections 376/417/315/323/509/34 of the Indian Penal Code (Charge-sheet filed under Sections 376/417 of the Indian Penal Code).

And In Re : Koushik Mali ...... petitioner Mr. Prabir Majumdar .....for the petitioner Mr. Tanmoy Kumar Ghosh Ms. Pritha Paul ....for the State Petitioner seeks bail.

Learned advocate appearing for the petitioners submits that, the petitioner is in custody for 128 days. The police filed charge-sheet. The case arises out of a love relationship turning sour.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) and to the medical reports of the victim.

Considering the fact that in her 164 Cr.P.C. statement, the victim states that they were in a relationship and considering the fact that the police filed charge-sheet and

considering the period of detention of the petitioner, we grant bail to the petitioner.

Accordingly, we direct that the petitioner 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 Additional Chief Judicial Magistrate, Ranaghat, Nadia, subject to the condition that the petitioner shall appear before the 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.

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 the bail of the petitioner automatically without reference to this Court.

The application for bail is, accordingly, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)