Paritosh Das @ Babu v. The State Of West Bengal

SL. 31. CALCUTTA HIGH COURT March 22, 2021. IN THE CIRCUMIT BENCH AT JALPAIGURI MNS C.R.M. 205 of 2021 In Re : An application for bail under Section 439 of the Code of Criminal Procedure filed on 03.02.2021 in connection with Tufangang Police Station Case No. 466 of 2020 dated 25.10.2020 under Section 376(2)(I) of the Indian Penal Code, 1860.

And In Re : Paritosh Das @ Babu ... petitioner.

Mr. Hillol Saha Podder ... for the petitioner.

Mr. Tapan Bhattacharjee, Ms. Namrata Das ... for the State.

Heard learned advocates appearing for the respective parties.

It is submitted by learned counsel for the petitioner that the petitioner is already in custody for 147 days. Learned counsel appearing for the State opposes the prayer for bail.

It appears from the attending circumstances, as evident from the case diary, read in conjunction with the statement of the victim under Section 164 of the Code of Criminal Procedure, that there is sufficient scope of benefit of doubt being given to the petitioner . Accordingly, CRM 205 of 2021 is allowed, thereby granting bail to the petitioner 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 Additional Chief Judicial Magistrate, Tufanganj, DistrictCooch Behar. The petitioner shall not make directly or indirectly any inducement, threat or premise to any

person acquainted with the facts of the case so as to dissuade her/him from disclosing such facts to any police officer or the court and/or tamper with evidence. The petitioner shall not leave the jurisdiction of the trial court during trial and shall attend every date of hearing when trial commences.

(Sabyasachi Bhatttacharyya, J.) (Kausik Chanda, J.)