Sushovan Das @ Sushoban Das @ Sushavan Das v. The State Of West Bengal And ANR

10-09-2024 (ct. no.06) KOLE Allowed CRM (DB) 2924 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of BNSS in connection with Chakdah Police Station Case No. 852 of 2024 dated 02.08.2024 under Sections 376/417/406/420 of the Indian Penal Code.

- A n d - In the matter of : Sushovan Das @ Sushoban Das @ Sushavan Das .... Petitioner.

Mr. Shibaji Kr. Das, Mr. Dipendu Sarkar, Ms. Deblina De, ... For the Petitioner.

Mr. Prasun Kumar Dutta, Mr. K. Biswas, ... For the State.

Mr. Samrat Choudhury, .... For the defacto complainant.

1.

Heard the learned lawyers for both the parties. 2.

The petitioner is in custody for 32 days. Victim was an adult at the time when they cohabited. Whether the cohabitation was procured through deception required to be assessed during trial.

3.

In view of the aforesaid, we are of the opinion that further custodial detention of the petitioner is not necessary and he may be enlarged on bail.

4.

Accordingly, we direct that the petitioner, namely, Sushovan Das @ Sushoban Das @ Sushavan Das, 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, Signed By :

ABHIJIT KOLE High Court of Calcutta 13 th of September 2024 11:01:26 AM

Kalyani, Nadia and on further conditions that the petitioner shall appear before the 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.

5. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this court.

6. The application for bail is, accordingly, allowed. ( Gaurang Kanth, J. ) ( Joymalya Bagchi, J. ) Signed By :

ABHIJIT KOLE High Court of Calcutta 13 th of September 2024 11:01:26 AM