Shyamal Das @ Raja v. The State Of West Bengal And ANR.
36.
03-09-2024 (ct. no.28) debajyoti (allowed) CRM (DB) 2600 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Ranaghat Police Station Case No.486 of 2024 dated 11-06-2024 under Sections 376/417/448/325/308/506 of the Indian Penal Code.
- A n d - In the matter of : Shyamal Das @ Raja .... Petitioner.
Ms. Minoti Gomes, Ms. Shanta Sarkar ... For the Petitioner.
Ms. Sayanti Santra, Ms. Kanchan Ray ... For the State.
Dictated by Arijit Banerjee, J.
Service Report filed by the State be kept with the records. Nobody appears for the defacto complainant/victim. The petitioner says that there was amorous relationship between him and the victim lady. They are both adults. They are both divorcees. Their long standing relationship turned aciduous over trivial matters. Thereafter, this false complaint has been lodged. He is in custody for about 80 days. Charge sheet has been submitted upon completion of investigation. He need not be detained in custody any further.
Opposing the prayer for bail, learned advocate for the State, draws our attention to the statement of the victim lady as also the medical reports. Prima facie, there may be some incriminating material against the petitioner. However, the same is not of such a nature as would justify further detention of the petitioner, particularly when investigation is
complete. The prayer of the petitioner for bail is, thus, allowed.
Accordingly, we direct that the petitioner, namely, Shyamal Das @ Raja, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Additional Chief Judicial Magistrate, Ranaghat, Nadia. The petitioner shall appear before the learned 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. The petitioner shall not enter the jurisdiction of Ranaghat Police Station until further orders except for the purposes of attending the court proceedings and meeting the Officer-inCharge of Ranaghat Police Station. The petitioner shall furnish, through his learned advocate, the learned trial Court and the Officer-in-Charge of Ranaghat Police Station his current local address where he would be residing while on bail. The petitioner shall report to the Officer-in-Charge of Ranaghat Police Station once in every week, 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) 2600 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.
(Prasenjit Biswas, J.) (Arijit Banerjee, J.)