Abhijit @ Avijit Bauri v. State Of West Bengal And ANR

17.04.2025 Item No.41 Ct.No.34 rc.

Allowed C.R.M. (M) 121 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, in connection with Cokeoven Police Station Case No. 142 of 2024 dated 07.07.2024 under Section 69 of the Bharatiya Nyaya Sanhita, 2023.

And In Re :

Abhijit @ Avijit Bauri ... Petitioner.

Mr. Amajit De ... for the Petitioner Mr. Subhajit Chowdhury ... For the State Heard learned counsels for the parties.

There appears to have been a consensual relationship between the petitioner and the defacto complainant who is a major. In her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, the defacto complainant has stated that there was a long standing relationship between them and the petitioner assured her to take the responsibility of her child and herself. Since the petitioner has been avoiding such responsibility, the present complaint has been lodged. Charge sheet has been submitted.

Considering the material available in the Case Diary, this Court is of the view that further detention of the petitioner is not required and he may be enlarged on bail.

Accordingly, the petitioner, Abhijit @ Avijit Bauri, 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 Additional Chief Judicial Magistrate, Durgapur subject to condition that the petitioner shall appear before the learned trial Court on every date of hearing fixed before him and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to comply with any of the conditions mentioned above without justifiable cause, the learned trial Court shall be at liberty to cancel his 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.)