Subrata Mandal@Rahul Mondal v. State Of West Bengal

25.08.2022

IN THE HIGH COURT AT CALCUTTA

Sl. No.5 Circuit Bench at Jalpaiguri akd [ALLOWED] C. R. M. (DB) 290 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.08.2022 in connection with Bhaktinagar Police Station Case No.239 of 2021 dated 07.03.2021 under Sections 363/365 of the Indian Penal Code, Section 10 of Child Marriage Restrain Act and Section 6 of the POCSO Act.

And In Re: Subrata Mandal @ Rahul Mondal ... Petitioner Mr. Jaydeep Kanta Bhowmick ... for the petitioner Mr. Aditi Sankar Chakraborty .. ld. Addl. Public Prosecutor Mr. Aniruddha Biswas ... for the State It is submitted on behalf of the petitioner that he is in custody for about 98 days. Investigation is complete. Learned advocate appearing for the State opposes the prayer for bail and submits victim girl was a minor. We have considered the materials on record. There was a love affair between two young persons. They subsequently married. Allegation of rape is to be assessed in the light of the aforesaid circumstances. Keeping in mind the aforesaid fact and the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Subrata Mandal @ Rahul Mondal, be released on bail upon furnishing a bond of Rs.

condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)