Nakul Pal @ Sukdev Pal v. State Of West Bengal

16.06.2022 tkm/ct 28 C.R.M. (DB) 1822 of 2022 sl no. 86 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Domkal P.S case no. 245 of 2022 dated 21.4.2022 under sections 376/379 IPC And Allowed In Re : Nakul Pal @ Sukdev Pal ...... petitioner Mr. S Purakasthya Mr. A Islam Mr. S Mukherjee ...... for the petitioner Mr. Abhra Mukherjee Mr. D Mahata ...... for the State It is submitted that there was intimate mixing between the petitioner and the victim lady. She had captured intimate footage on video and had demanded money from the petitioner. When he refused, he has been falsely implicated in the instant case. Learned lawyer for the State opposes the prayer for bail. We have considered materials on record. Statements of witnesses show there was free mixing between the parties. Keeping in mind the nature of allegations in the light of facts and circumstances of the case and in view of period of detention suffered by the petitioner i.e. 55 days, 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, Murshidabad at Berhampore 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) 1822 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)