Tujam Sk. @ Tujammel Sk. @ Tujammel Mondal @ Tajommel Sekh And ANR v. The State Of West Bengal And ANR

D/L49 26.02.2025 Rohit ct.no.26 C.R.M. (DB) 4157 of 2024 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, in connection with Domkal Police Station Case No. 253 of 2023 dated 13.04.2023 under Sections 376D of the Indian Penal Code.

And In Re: 1. Tujam Sk. @ Tujammel Sk. @ Tujammel Mondal @ Tajommel Sekh

2. Nilkantha Das @ Nilkontho das

...Petitioners

cv Ms. Shabana Hasin Ms. Samima Akter ...for the petitioner Mr. Rudradipta Nandy, Ld. A.P.P Mr. B. Bhattacharya Mr. Asraf Mondal ...for the State Mr. Aritra Kumar Tk.dar ...for the de-facto complainant 1.

Petition was pending before the Co-ordinate Bench and was heard on merits on at least two dates i.e., on January 27, 2025 and February 7, 2025.

2.

Hon'ble The Chief Justice assigned bail applications filed up to December 31, 2024 to this Bench in the month of February, 2025 pursuant to which the present application is under consideration by this Bench.

3.

Learned Advocate appearing for the petitioners submits that the petitioner does not wish to press the present application for bail.

4.

We are not convinced with the bona fides of the sudden change of thought of the petitioner.

5.

Affidavit affirmed by the de-facto complainant which claims that she is now happily married and does not wish to proceed with the police case, be taken on record.

6.

Police case is one of gang rape. De-facto complainant recorded her statement under Section 164 of the Criminal Procedure Code implicating the petitioners before us in such incident.

7.

Petitioners before us are apparently sufficiently resourceful so as to arrange a change of stance of the de-facto complainant and that to on affidavit during the pendency of the trial.

8.

Enlarging the petitioners on bail will be inimical to the trial giving such conduct more particularly the fact that the petitioners are bench hunting in view of the conduct of the petitioners between the previous bench and this bench.

9.

In such circumstances, we are not inclined to grant bail to the petitioners.

10.

Prayer for bail of the petitioners is rejected. 11.

C.R.M.(DB) No. 4157 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)