Robiul Sk @ Rabiul Sk v. The State Of West Bengal And ANR.

38.

22-07-2024 (ct. no.28) debajyoti (allowed) CRM (DB) 2200 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhagwangola Police Station Case No.188 of 2024 dated 22-04-2024 under Sections 417/376 of the Indian Penal Code.

- A n d - In the matter of : Robiul Sk @ Rabiul Sk .... Petitioner.

Mr. Ali Ahasan Alamgir, Ms. Soma Mal, M Ms. Rabia Khatoon ... For the Petitioner.

Mr. Bitashok Banerjee, Mr. Karan Bapuli ... For the State.

Dictated by Partha Sarathi Sen, J.

Affidavit-of-Service filed in Court today be kept with the records.

In support of the application for bail, learned advocate for the accused petitioner submits before this Court that the victim is a married lady and there was a relationship between the petitioner and the victim. Learned advocate for the State opposes the prayer for bail.

On perusal of the Case Diary, it reveals that investigation is complete. On a comparative study of the written complaint and the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, we find prima facie contradiction there. Considering the entire materials, we are inclined to allow the prayer for bail. Accordingly, we direct that the petitioner, namely, Robiul Sk @ Rabiul Sk, shall be released on bail upon Signed By :

DEBAJYOTI DAS High Court of Calcutta 23 rd of July 2024 12:13:17 PM

furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two registered sureties of like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad. The petitioner shall appear before the trial Court on every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall remain within the jurisdiction of the local police station and shall report to the Officer-in-Charge of the said police station once in every fortnight until further orders.

In the event the petitioner fails to comply with any of the conditions stipulated above, 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 being CRM (DB) 2200 of 2024 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.) (Arijit Banerjee, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 23 rd of July 2024 12:13:17 PM