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Calcutta High CourtCRM (DB)/4102/2023allowed

Chandeep Kumar Shaw @ Sandeep Shaw v. State Of West Bengal

2023-10-18Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

18.10.2023.

48.

Ct.No.28.

as (Allowed) C.R.M. (DB) 4102 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Burtolla P.S. Case No.84 of dated 10.05.2023 under Sections 376/417/385/506 of the Indian Penal Code.

In the matter of : Chandeep Kumar Shaw @ Sandeep Shaw.

.... Petitioner.

Mr. Aditya Roy.

...for the Petitioner.

Mr. P. K. Datta, ld. A.P.P., Mr. Santanu Deb Roy.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Victim was a major lady at the time of cohabitation and was aware of the consequences thereof. Petitioner is in custody for 70 days and further detention for progress of investigation is not necessary. 3.

Hence, we are inclined to grant bail to the petitioner. 4.

Accordingly, the petitioner viz., Chandeep Kumar Shaw @ Sandeep Shaw 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 Metropolitan Magistrate, Kolkata 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. 5.

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.

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