Subhojit Ghosh @ Tukai v. State Of West Bengal

22.06.2022.

56.

Ct.No.28.

as (Allowed) C.R.M. (DB) 1965 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali P. S. Case No.120 of 2022 dated 08.02.2022 under Sections 417/376/506 of the Indian Penal Code.

In the matter of : Subhojit Ghosh @ Tukai.

.... Petitioner.

Ms. Sananda Bhattacharyya.

...for the Petitioner.

Mr. Prasun Kumar Datta, ld. A.P.P., Mr. Santanu Deb Roy.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is in custody for about 109 days. It is submitted that the victim was a major lady at the time of cohabitation.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Allegation of rape requires to be assessed in the light of the submission as there was amorous relationship between consenting adults. Under such circumstances and in view of the period of detention suffered by the petitioner and as investigation is complete, we are inclined to grant bail to the petitioner. Accordingly, 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 Chief Judicial Magistrate, Ranaghat, Nadia subject to condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

This application for bail is, thus, disposed of. (Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)