Dalim Mia @ Dalim Sk v. State Of West Bengal

29.03.2023 tkm/ct 28 C.R.M. (DB) 1210 of 2023 sl no. 50 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Baishnabnagar PS case no. 278 of 2022 dated 1.4.2022 under sections 417/376/323/109/34 of the IPC And Allowed In Re : Dalim Mia @ Dalim Sk ...... petitioner Mr. A Karmakar Mr. A K Bhowmick ...... for the petitioner Mr. Debabrata Chateterjee Mr. Santanu Chatterjee ...... for the State Petitioner is in custody for four months. He submits victim lady was major at the time of cohabitation. He prays for bail. Learned lawyer for the State opposes the bail prayer. He submits victim had become pregnant.

We have considered the materials on record. Victim was major at the time of cohabitation.

Keeping in mind the aforesaid fact and the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner 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 CJM, Malda on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 1210 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)