Sujan Halder v. State Of West Bengal

09-11-2021 (ct. no.29) SKB Allowed CRM 4857 of 2021 (Via Video Conference) In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 158 of 2021 dated 06.03.2021 under Sections 376/417 of the Indian Penal Code read with Section 4 of the Protection of Children from Sexual Offences Act.

- A n d - In the matter of : Sujan Haldar .... Petitioner.

Ms. Minoti Gomes ... For the Petitioner.

Mr. Sukanya Bhattacharyya, Md. Kutub Uddin ... For the State.

Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 248 days. She submits that there was a proposal of marriage between the defacto complainant and the petitioner, which was subsequently broken. Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Cr.P.C. In answer to query of the Court, he submits that the defacto complainant refused to undergo medical examination. The police submitted chargesheet. Considering that fact that the police submitted chargesheet and considering the materials in the case diary and considering the fact that the defacto complainant refused to undergo medical examination, we grant bail to the petitioner.

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 learned Additional District & Sessions Judge, Ranaghat, Nadia, subject to the condition that 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.

The application for bail is, accordingly, allowed. ( Debangsu Basak, J. ) ( Ananda Kumar Mukherjee, J. )