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Calcutta High CourtCRM (DB)/2654/2024allowed

Jit Mondal @ Jeet v. The State Of West Bengal And ANR.

2024-09-11Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

11.09.2024 Ct. No. 06 SL No. 57 S.De C.R.M. (DB) 2654 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur P.S. Case No. 321 of 2024 dated 18.06.2024 under Sections 354/509/506/34 and Section 12 of the Protection of Children from Sexual Offences Act and Section 67B of the Information Technology Act subsequently charge sheet submitted under Section 376(2)(n)/506 of the Indian Penal . And In the matter of: Jit Mondal @ Jeet.

Mr. P. Majumder, Mr. Snehansu Majumder, ...for the Petitioner.

Mr. Rudradipta Nandy, Ld. APP, Ms. S. Saha, ....for the State.

1. Petitioner submits that there was a romantic relationship between him and the minor girl. Subsequently, the parents intervened. In order to convince the parents that relationship was consensual petitioner had shared intimate videos with them. He had no intention to blackmail the victim or her parents. He prays for bail.

2. Learned advocate for the State opposes the prayer for bail.

3. In spite of service, nobody appears on behalf of victim girl.

4. We have considered the materials-on-record including statement of victim and her mother. The relationship developed out of mutual love. Subsequently, petitioner had shared intimate videos with the victim's mother. Whether the videos were shared in order to blackmail the victim or to persuade her parents that the relationship was out of mutual love requires to be assessed during trial.

5. However, keeping in mind the young age of the parties and as there is no possibility of abscondence, we are inclined to enlarge the petitioner on bail.

6. Accordingly, we direct the petitioners viz. Jit Mondal @ Jeet shall be released on bail upon furnishing a bond of Rs.10,000/- with two Signed By :

SANDIP DE High Court of Calcutta 13 th of September 2024 05:50:22 PM

sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court (under POSCO Act), Ranaghat, Nadia subject to the condition that the petitioner shall appear before the trial court on each and every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

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

8. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)