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Calcutta High CourtCRM/6430/2020allowed

Samrat Majhi v. State Of West Bengal

2020-09-14Hon'Ble Justice Soumen Sen,Hon'Ble Justice Jay Sengupta2 pages

14.09.2020 Ct. 08 SK/AGM CRM 6430 of 2020 CRAN 1 of 2020 (Via Video Conference) In Re : An application for bail under Section 439 of the Code of Criminal Procedure in connection with Labpur Police Station Case No. 74/2020 dated 25.03.2020 under Sections 376/417 of the Indian Penal Code, 1860.

And In the matter of : Samrat Majhi ..... Petitioner Mr. Amanul Islam .... for the Petitioner Mr. Binay Panda, Ms. Puspita Saha ...for the State. The petitioner undertakes to affirm and stamp the petition as per the Rules within one month of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is in custody for about 84 days. An allegation has been made that a promise made by the petitioner to marry the de facto complainant was not kept.

Learned counsel appearing on behalf of the State opposes the prayer for bail. However, she admits that both the de facto complainant and the petitioner are major.

Considering the nature of allegations and the length of custody already suffered by the petitioner, we grant bail to the petitioner. Let, the petitioner be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount

subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Bolpur.

CRM 6430 of 2020 and CRAN 1 of 2020 are disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Soumen Sen, J.) (Jay Sengupta, J.)