Tanmoy Sarkar v. State Of West Bengal

05.11.2020 pg.

Allowed CRM 8800 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gazole P.S. Case No.442 of 2020 dated 30.09.2020 under Sections 448/376/506/34 of the Indian Penal Code.

And In the matter of: Tanmoy Sarkar .... Petitioner Mr. Kazi M. Rahman ... For the Petitioner Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ... For the State The petitioner undertakes to appropriately stamp the petition as per the Rules within one week of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner says that the petitioner had a long-standing relationship with the de-facto complainant. The petitioner relies on his bank statement to indicate several tranches of payment made to the de-facto complainant.

The State refers to the statement of the de-facto complainant where she admits to a physical relationship with the petitioner for a long time.

Considering the material, the further detention of the petitioner may not be necessary. However, the petitioner must not attempt to contact the survivor till the trial is completed.

Subject to the above, the petitioner will be enlarged on bail upon furnishing security 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 appropriate court in Malda. The petitioner must attend every date fixed for trial and any unexplained absence will entitle the trial court to cancel the bail without reference to this Court.

CRM 8800 of 2020 is disposed of.

(Sanjib Banerjee, J.) (Arijit Banerjee, J.)