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Calcutta High CourtCRM (DB)/2706/2024allowed

Rana Biswas And ANR 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. 61 S.De C.R.M. (DB) 2706 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Taherpur P.S. Case No. 16 of 2020 dated 10.02.2020 under Sections 448/376/506/34 of the Indian Penal Code.

And In the matter of: Rana Biswas & Anr.

Mr. Narattam Acharyya, ...for the Petitioner.

Mr. Saibal Bapuli, Mr. Manoranjuan Mahata, ....for the State.

1. In spite of service, nobody appears for victim.

2. Petitioners are in custody for 72 days. It is contended that the allegations of trespass and forcible rape are inherently improbable. Credibility of the victim shall be assessed during trial. Investigation is complete. There is no chance of abscondence.

3. Accordingly, we are inclined to enlarge the petitioner on bail.

4. Accordingly, we direct the petitioners viz. Rana Biswas and Samar @ Soumen Pramanik shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magisgrate, Ranaghat subject to the condition that the petitioners 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.

5. In the event petitioners fail to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel their bail without any further reference to this Court. Signed By :

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

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