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Calcutta High CourtCRM (DB)/3218/2022allowed

Pritam Mandal v. State Of West Bengal

2022-09-22Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

22.09.2022.

23.

as (Allowed) C.R.M. (DB) 3218 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Karimpur P. S. Case No.209 of 2022 dated 24.08.2022 under Sections 376/417/506/34 of the Indian Penal Code.

In the matter of : Sri Pritam Mandal.

.... Petitioner.

Mr. Satarup Purakasthya, Mr. Amanul Islam, Mr. Sourav Mukherjee, Ms. Jagriti Bhattacharya, Mrs. Sabera Khatun.

...for the Petitioner.

Mr. Arijit Ganguly, Mr. Avik Ghatak.

...for the State.

Petitioner is in custody for 28 days. He submits there was a love affair between the parties and he has married the victim lady.

Learned Advocate for the State produces the Case Diary. We have considered the materials on record. Victim was a major lady at the time of cohabitation. It is contended parties have married each other.

Under such circumstances, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner 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, Tehatta,

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.

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.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)