Sadik Rahaman @ Sadekur v. State Of West Bengal
20.10.2020 S/L No.1 Court No.12 (gc) (Allowed) CRM 7672 of 2020 CRAN 1 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with English Bazar P.S. Case No.726/2020 dated 24/08/2020 under Sections 417, 376 of the Indian Penal Code.
And In the matter of: Sadik Rahaman @ Sadekur ....Petitioner.
Mr. Sagar Saha ...for the Petitioner.
Mr. Aniket Mitra ...for the State.
The petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Pursuant to the earlier order, the Case Diary is produced. On consideration of the statement of the de facto complainant recorded under Section 164 of the Cr.P.C., medical examination report and the love relationship between the parties seemed to have developed over a period of time, we feel that further detention of the petitioner is not required. The charge-sheet has already been filed. On such consideration, we are inclined to grant bail to the petitioner.
Accordingly, we direct that the petitioner 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, Malda on
condition that the petitioner shall stay outside the jurisdiction of English Bazar Police Station and shall not enter the said jurisdiction except for meeting the Investigating Officer or attending the court proceeding and shall meet the Investigating Officer once a week until further order and shall disclose his present address to the Investigating Officer and with a further condition to comply with the provision of Section 437(3) of the Code of Criminal Procedure and shall appear before the learned trial court on all future dates of trial.
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 any further reference to this Court. Accordingly, the application for bail being CRM 7672 of 2020 is allowed and disposed of.
All parties are to act on a website copy of this order on the usual undertaking.
(Aniruddha Roy, J.) (Soumen Sen, J.)