Saikat Ghosh v. State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 23.08.2023 Court No.1 Item. 16 (Suvendu) CRM(DB) 424 OF 2023 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Siliguri Women Police Station Case No. 85 of 2023 dated 21.06.2023 under Sections 376/417/323/506 of the IPC.

And In the matter of: Saikat Ghosh . .. . . . . .Petitioner.

Mr. Arnab Sengupta Mr. Janardhan Periwal For the Petitioner.

Mr. Kallol Acharjee Mr. Tapan Bhattacharjee For the State.

1.

Upon considering all the relevant facts which have been placed before us including the fact that the petitioner and the victim were in a relationship for a considerable period of time and the statement of the victim after the petitioner refused to marry the victim as well as the age of the victim, we are of the view that the prayer for bail should be allowed.

2.

We also note that the charge-sheet has already been filed as of 14th August, 2023, as submitted by learned counsel appearing for the prosecution.

3.

We accordingly 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 who must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate at Siliguri. The petitioner shall not induce witnesses or influence them or tamper with the evidence. The petitioner shall report to the I.O. of the concerned Police Station once every fortnight and shall not leave the local limits of the local police station without leave of the learned ACJM at Siliguri. The petitioner shall also make himself available for the each date of the trial and also as and when the petitioner is required.

4.

CRM(DB) 424 of 2023 is accordingly allowed and disposed of in terms of the above.

(PRASENJIT BISWAS, J.) (MOUSHUMI BHATTACHARYA,J.)