Calcutta High Court (Appellete Side)
493/376 Of The Indian Penal Code vs In Re : Gautam Das on 28 January, 2019
1 28.01.2019 24 sdas Allowed C.R.M. 1004 of 2019 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 21.01.2019 in connection with Women Police Station Case No. 31 of 2017 dated 12.03.2017 under Sections 493/376 of the Indian Penal Code.
And
In Re : Gautam Das ...... petitioner
Ms. Jeenia Rudra
.....for the petitioner
Md. Anwar Hossain,
Ms. Benajir Hasna
....for the State
It is submitted by the learned Counsel appearing for the petitioner that the petitioner is in custody for 127 days and it is also submitted that the victim was a major lady at the time of cohabitation.
Learned Counsel appearing for the State opposes the prayer for bail.
Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission made by the learned Counsel appearing on behalf of the petitioner including the fact that victim was a major lady at the time of cohabitation and in view of the period of detention already suffered by the petitioner, we are inclined to grant bail to the petitioner.
2
Accordingly we direct that the petitioner shall be released on bail 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 learned Chief Judicial Magistrate, Jalpaiguri, on condition that he shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and he shall appear before the trial court on every date of hearing and in the event he fails to do so, his bail shall stand automatically cancelled without further reference to this Court.
The application for bail is, accordingly, allowed. (Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)