Sujal Biswas v. State Of West Bengal

AD 15.03.2022 Ct. No.29 (Allowed) C.R.M. (DB) 718 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chakdah P.S. Case No. 520 of 2021 dated 23/09/2021 under Sections 417/376 of the Indian Penal Code, 1860.

And In the matter of: Sujal Biswas ....petitioner.

Mr. Shibaji Kumar Das ...for the petitioner.

Mr. P.K. Datta, Ld. APP Mr. Santanu Deb Roy ...for the State.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 24 days. There was a relationship between the petitioner and the victim. The victim subsequently got married to another person. He refers to photographs of such marriage which he claims was downloaded from the facebook page maintained by the victim.

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.

In her statement recorded under Section 164 of the Code of Criminal Procedure, the victim claims that there was a relationship between her and the petitioner.

Considering the period of detention of the petitioner and considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and considering the gravity of the offence and the involvement of the petitioner therein, we grant bail

to the petitioner.

Accordingly, the petitioner be released on bail upon furnishing a 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 Additional Chief Judicial Magistrate, Kalyani, Nadia, subject to the condition that during bail the petitioner shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and that the petitioner shall appear before the learned trial court on the date fixed till disposal of the trial and that the petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail being C.R.M. (DB) 718 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)