Sk. Imamul Islam v. State Of West Bengal

01.08.2022 tkm/ct 28 C.R.M. (DB) 2553 of 2022 sl no. 37 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Chanditala P.S case no. 105 of 2022 dated 5.4.2022 under sections 417/376(2)(n)/313/504/506/34 of the IPC and Allowed In Re : Sk. Imamul Islam ...... petitioner Ms. Jeenia Rudra Mr. T Kumai ...... for the petitioner Ms. Faria Hossain Ms. Baisali Basu ...... for the State Leave is granted to correct the cause title of the petition. Petitioner is in custody for 132 days. Investigation is complete. It is submitted that there was a love affair between the parties and victim was major at the time of cohabitation. Learned lawyer for the State opposes the prayer for bail. Having considered materials on record and bearing in mind the nature of allegations in the light of the submission that the victim was major at the time of cohabitation and was aware of the consequences thereof and as investigation is complete, we are of the opinion further detention of the petitioner is not necessary and he may be granted bail.

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 ACJM, Serampore, Hooghly 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) 2553 of 2022 is disposed of.

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