Rahul Munda v. The State Of West Bengal And ANR

27.02.2025 Item No.34 Court No.26 Allowed CHC CRM (DB) 4398 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Santipur Police Station Case No. 958 of 2023 dated 25.08.2023 under Sections 363/365/34/376(2)(j)(n) of the Indian Penal Code, 1860 and under Section 4 of the Protection of Children from Sexual Offences Act, 2012.

-AndIn the matter of : Rahul Munda ... ... Petitioner Ms. Sananda Bhattacharyya, Advocate ... ... For the Petitioner Mr. Joydeep Roy, Advocate Mr. Bikram Mitra, Advocate ... ...For the State

1. Trial is at the fag end with only statement of the accused being recorded under Section 313 of the Criminal Procedure Code.

2. Our attention is drawn to the fact at the trial that the victim deposed at the trial stating that there was a love affair between her and the petitioner and that, the family members of the victim were not accepting the petitioner and the affair. She also stated that, she is married to the petitioner.

3. Need to keep the petitioner in detention at this stage of the trial is not felt.

4. In such circumstances, we grant bail to the petitioner.

5. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten

Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional District & Sessions Judge, Special Court (under POCSO Act) Ranaghat, Nadia, subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

6.

In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court. 7.

The prayer for bail of the petitioner is allowed. 8.

CRM(DB) 4398 of 2024 is disposed of.

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