Sk Abdul Sarfaraj v. State Of West Bengal And ANR

24.09.2025 jb.

jdt.

Allowed C.R.M. (M) 1414 of 2025 In Re : An Application under Section 439 of the Code of Criminal Procedure/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Singur Police Station Case No.

of dated May 24, under Sections 318(4)/316(2)/69/352/351(2)/3(5) of the Bharatiya Nyaya Sanhita. And In Re : Sk Abdul Sarfaraj Mr. Navanil De Ms. Monami Mukherjee ... For the Petitioner.

Mr. Antarikhya Basu Mr. Rajashree Tah ... For the State Report submitted by the State is taken on record. The victim is not represented despite service. The petitioner is in custody for more than 100 days and prays for bail.

Learned counsel for the State opposes the prayer. I have considered the material on record. There appears to have been consensual relationship between the petitioner and the victim. The allegation of the victim is that they involved in physical relationship since the petitioner promised to marry her. He has subsequently stopped contacting her. The monetary transaction between them is not supported by any document. The victim is a major and was aware of the relationship all throughout. Charge sheet has been submitted. Material available in the case diary does not justify further detention of the petitioner. Accordingly, the prayer for bail is allowed.

The petitioner namely Sk. Abdul Sarfaraj shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Chandannagar, Hooghly subject to condition that he shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court and shall not tamper with evidence or intimidate witnesses in any manner whatsoever. In the event the petitioner fails to appear before the learned trial Court on any date fixed for hearing without any justifiable cause, the learned 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 disposed of.

Case diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)