Calcutta High Court (Appellete Side)
354B/376/384/406/420/467/120B Of The ... vs Allowed on 12 February, 2020
1 12.02.2020
tkm/ct 28 C.R.M. 1536 of 2020 sl no. 143
In Re : An application for bail under section 439 of the Code of Criminal Procedure filed on 10.2.2020 in connection with Asansol North P.S. Case No.281 of 2019 dated 1.10.2019 under Sections 354B/376/384/406/420/467/120B of the Indian Penal Code.
And Allowed In Re : Basant Sinha @ Basanta Kumar Sinha ...... petitioner Mr. J. N. Chatterjee Mr. A. Jha ...... for the petitioner Mr. A. K. Maiti Mr. T. K. Ghosh Mr. T Mitra ...... for the State Mr. Avik Ghatak Mr. A. R. Pati ...... for the de facto complainant Heard the learned advocates appearing for the petitioner and the State.
It is submitted on behalf of the petitioner that allegation of having sexual intercourse with the victim by administering intoxicates and threatening her by exposing obscene pictures is out and out false. He is in custody for 122 days.
Learned lawyer for the State opposes the prayer for bail and submits that the victim was sexually abused and large sums of monies were misappropriated.
2Learned lawyer for the de-facto complainant also opposes the prayer for bail.
We have considered the materials on record. Allegation of sexual intercourse occurred in 2014. No contemporaneous complaint was lodged by the de facto complainant.
In view of the aforesaid facts and the period of detention suffered by the petitioner and as investigation is complete, we are inclined to grant bail to the petitioner.
Accordingly, the petitioner 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 CJM, Paschim Bardhaman on condition that the 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.
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 being CRM 1536 of 2020 is disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)