Subhajit Ghosh v. The State Of West Bengal

29.07.2021 Item no.55.

Court No.32.

AB (Allowed) (Via Video Conference) CRM No. 3901 of 2021 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 04.06.2021 in connection with Chanditala Police Station Case No.131 of 2021 Dated 19.04.2021 under Sections 417/376/506 of the Indian Penal Code And In the matter of : Subhajit Ghosh ......Petitioner.

Mr. Arunava Ganguly ......for the Petitioner.

Ms. Sukanya Bhattacharya, Mr. Nirupam Dhali ......for the State.

The petitioner has been booked under Sections 417/ 376/506 of the Indian Penal Code.

The prosecution case is that the petitioner made false promises of marrying the victim girl, who is 21 years old. The petitioner is 22 years old. It is alleged that on the basis of such promise, the petitioner engaged in physical relationship with the victim girl.

We have gone through the material in the case diary including the statement of the victim girl recorded under Section 164 of the Code.

Having considered the nature and gravity of the offence and the material on record and the fact that charge sheet has

been filed upon completion of investigation, we are of the view that further custodial detention of the petitioner may not be necessary.

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 Additional Chief Judicial Magistrate, Serampore, and on further conditions that he shall remain within the jurisdiction of the concerned police station and shall report to the Officer-in-Charge of the concerned police station once in a fortnight until further orders.

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 adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court. The application for bail is, accordingly, allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)