Debarghya Biswas v. State Of West Bengal

04.07.2023 sdas allowed CRM(DB) No. 2597 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nakashipara Police Station Case No. 322 of 2023 dated 25.04.2023 under Sections 376/506 of the Indian Penal Code.

And In Re : Debarghya Biswas ...... petitioner Mr. Prabir Majumder Mr. Snehansu Majumder ....for the petitioner Ms. Faria Hosain Ms. Mamata Jana .... for the State Learned Counsel for the petitioner submits there was a romantic relationship between the parties. Subsequently, he has been falsely implicated on the allegation of forcible rape. He prays for bail.

Learned Counsel for the State opposes the prayer for bail. We have considered the materials on record including the statement of the victim lady. Allegation of forcible rape requires to be assessed in the light of amorous relationship between the parties. Petitioner is in custody for 65 days. Investigation is complete. There is no chance of abscondence. Under such circumstances, we are inclined to 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 Chief Judicial Magistrate, Nadia at

Krishnangar, subject to conditions that 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 appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)