Calcutta High Court (Appellete Side)
363/365/366A Of The Indian Penal Code vs In Re : Tanup Mondal @ Tanu on 11 May, 2018
1 11.05.201848
sdas Allowed C.R.M. 2200 of 2018 In Re:- An application under Section 439 of the Code of Criminal Procedure filed on 07.05.2018 in connection with Kotulpur Police Station Case No. 142 of 2017 dated 22.06.2017 under Sections 363/365/366A of the Indian Penal Code.
And In Re : Tanup Mondal @ Tanu ...... petitioner Mr. Uttam Kumar Roy .....for the petitioner Md. Anwar Hossain, Ms. Benajir Hasna ....for the State It is submitted by the learned Counsel appearing for the petitioner that he is in custody for 194 days and has been falsely implicated in the instant case.
Learned Counsel appearing for the State opposes the prayer for bail and submits that victim was drugged and subjected to sexual harassment.
We have considered the materials on record and bearing in mind the nature of allegations and the fact that there is no medical report with regard to administration of drugs on the victim, we are of the opinion that further detention of the petitioner may not be necessary in the facts of the case.
2Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Bankura and on condition that 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 and in the event he fails to do so, the trial court shall be at liberty to cancel his bail without further reference to this Court.
The application for bail is, accordingly, allowed. (Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)