← Library
Calcutta High CourtCRM (DB)/3235/2023allowed

Sabir Ali Sekh v. State Of West Bengal

2023-08-31Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

31.08.2023.

17.

Ct.No.28.

as (Allowed) C.R.M. (DB) 3235 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur P.S. Case No.491 of dated 18.05.2023 under Sections 376/506/34 of the Indian Penal Code read with Section 67A of the I. T. Act.

In the matter of : Sabir Ali Sekh.

.... Petitioner.

Ms. Minoti Gomes.

...for the Petitioner.

Mr. Neguive Ahmed, ld. A.P.P., Ms. Ayantika Roy.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

Report is placed on record.

3.

We have considered the materials on record. It is submitted statement of the victim was recorded under Section 164 of the Code of Criminal Procedure. She stated she had married the petitioner. Aforesaid material shows there was a romantic relationship between the parties.

4.

Keeping in mind the aforesaid development and the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

5.

Accordingly, the petitioner viz., Sabir Ali Sekh shall 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 Additional Chief Judicial Magistrate, Ranaghat, Nadia subject to condition that he shall appear before the trial court on every date of hearing until

further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

6.

In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

7. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)