Sahidul Mudi v. State Of West Bengal

10.11.2020 rrc CRM 8948 of 2020 (Via Video Conference) In re : An application for bail under Section 439 of the Code of Criminal Procedure in connection with Deganga P.S. Case No. 126 dated 15.03.2020 under Section 376(2)/323 of the Indian Penal Code.

In the matter of : Sahidul Mudi ..... petitioner Mr. Kumar Jyoti Tewari Md. Younush Mondal ....For the petitioner Mr. Saibal Bapuli, Ld. APP Mr. Arijit Banerjee Mr. Sanjib Kumar Dan .....For the State The petitioner claims that the petitioner had a consensual relationship with the alleged survivor and it was only upon the relationship being discovered by third parties that a complaint was lodged.

The State refers to the case records and the statement of the survivor.

It is evident that the survivor is an adult and the relationship appears to have been consensual.

In the light of such material, the further custodial interrogation of the petitioner may not be necessary. The petitioner will be enlarged on bail upon furnishing security of Rs.10,000/- (Rupees ten thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of the appropriate Court in North 24 Parganas. The petitioner will attend every date fixed for trial and any

unexplained absence would entitle the trial court to cancel the petitioner's bail without reference to this Court. The petitioner will not make any attempt to contact the victim till the trial is concluded.

CRM 8948 of 2020 is disposed of.

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