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Calcutta High CourtCRM (DB)/3637/2024allowed

Ranjit Das v. The State Of West Bengal And ANR

2024-11-07Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

07.11.2024.

94.

Ct.No.28.

as (Allowed) C.R.M. (DB) 3637 of 2024 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Polba P.S. Case No.163 of 2024 dated 15.06.2024 under Sections 376/506 of the Indian Penal Code and charge submitted under Section 376(2)(n)/506 of the Indian Penal Code.

In the matter of : Ranjit Das.

.... Petitioner.

Mr. Tapas Kr. Ghosh, Mr. Tanmoy Chowdhury.

...for the Petitioner.

Mr. Sudip Kumar, Mr. Mujibar Ali Naskar.

...for the State.

1.

Petitioner submits there was a long stand consensual relationship between the parties. He has been falsely implicated. He is in custody for 121 days. Accordingly, he prays for bail.

2.

Learned Advocate for the State opposes the bail prayer. 3.

Inspite of notice, nobody appears for the victim. 4.

We have considered the materials on record including the statement of the victim. In her statement, she stated she used to run a hotel. Petitioner visited the hotel and befriended her. When she had a matrimonial dispute petitioner proposed to help and took her away. He administered deleterious substances and raped her. He also blackmailed her by threatening that he would circulate her obscene pictures against people. However, no obscene picture of the victim has been seized from the petitioner. Credibility of her version has to Signed By : ALOK SETH High Court of Calcutta 12 th of November 2024 04:12:10 PM

be assessed in light of the aforesaid circumstances during trial. Investigation is complete. There is no chance of abscondence. 5.

Hence, we are inclined to grant bail to the petitioner. 6.

Accordingly, the petitioner viz., Ranjit 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 Chief Judicial Magistrate, Hooghly at Chinsurah 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.

7.

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.

8. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 12 th of November 2024 04:12:10 PM