Jagannath Mal @ Sukumar Mal v. State Of West Bengal

04.07.2023 tkm/ct 28 C.R.M. (DB) 2639 of 2023 sl no. 188 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Margram P.S case no. 72 of 2023 dated 10.5.2023 under sections 148/376/511 IPC and Allowed In Re : Jagannath Mal @ Sukumar Mal ...... petitioner Mr. G Chakraborty ...... for the petitioner Mr. Swapan Banerjee Ms. Purnima Ghosh ...... for the State Heard learned lawyer for the parties.

We have considered the materials on record. Allegation of attempt to rape requires to be assessed in the light of the submission that there was an extramarital relationship between the parties. Petitioner is in custody for 51 days. Under such circumstances, 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 Birbhum at Rampurhat 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) 2639 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)