Calcutta High Court (Appellete Side)
Under Sections 376/509 Of The Indian ... vs In Re : Subodh Gain on 17 September, 2019
1 17.09.2019 315 sdas Allowed C.R.M. 8389 of 2019 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 16.09.2019 in connection with Duttapukur Police Station Case No. 246 of 2019 dated 06.04.2019 under Sections 376/509 of the Indian Penal Code.
And
In Re : Subodh Gain ...... petitioner
Mr. Angshuman Chakraborty,
Mr. S. S. Saha
.....for the petitioner
Ms. Sujata Das
....for the State
Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that there was a love affair between the parties and in view of period of detention suffered by the petitioner i.e. 145 days and as there is no electronic evidence duly certified in terms of Section 65B of the Indian Evidence Act with regard to the alleged obscene video and as investigation is complete, we are inclined to grant bail to the petitioner, however, subject to strict condition.
Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like 2 amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, North 24-Parganas at Barasat subject to conditions that the petitioner shall not enter the jurisdiction of Duttapukur Police Station until further orders except for attending court proceedings and shall provide the address where he shall presently reside to the investigating agency and the court below. He shall report to the Officer-in-Charge of the concerned police station within whose jurisdiction he shall presently reside once in a week until further orders. He shall not intimidate the witnesses or tamper with evidence in any manner whatsoever and he shall appear before the trial court on every date of hearing.
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 further reference to this court.
The application for bail is, accordingly, allowed. (Jay Sengupta, J.) (Joymalya Bagchi, J.)