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Calcutta High CourtCRM (DB)/4622/2022allowed

Hakim Sk v. State Of West Bengal

2022-12-23Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

23.12.2022 tkm/ct 28 C.R.M.(DB) 4622 of 2022 sl no. 110 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Raninagar P.S Case No. 531 of 2022 dated 2.12.2022 under sections 417/376/406 of the Indian Penal Code And Allowed In Re : Hakim Sk.

...... petitioner Mr. G N Imrohi ...... for the petitioner Mr. Debabrata Chatterjee Ms. Mousumi Sarkar ...... for the State Heard learned Advocates for the parties.

We have considered the materials on record. Victim was married and a major lady at the time of cohabitation and was aware of the consequences thereof.

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

Accordingly, the petitioner 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 ACJM, Lalbag, Murshidabad on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 4622 of 2022 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)