High CourtsDivision Bench

Bappa Sarkar vs State

Calcutta High Court · Decided on 19 August 2020 · Citation: (2020) 08 CAL CK 0064

HON’BLE JUDGES
Sahidullah Munshi, J · Jay Sengupta, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164
RESULT
Disposed Of
CASE NUMBER
Criminal Misc. Case (Bail Application) (CRM) No. 5792 Of 2020, Criminal Application No. 4202 Of 2020
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Judgment

7 paragraphs · 235 words

@JUDGMENT-JUDGMENT

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is in custody for about 66 days. According to him there was a relationship between the victim and the petitioner. The victim lady was about 28 years old.

Learned counsel appearing on behalf of the State opposes the prayer for bail. He submits that the statement of the victim lady recorded under Section 164 of the Code corroborates the First Information Report lodged by her. As a result of the violation the victim became pregnant.

Considering the nature of allegation and the length of custody already suffered by the petitioner, we do not think that any further detention is necessary in respect of the present case. Accordingly, we allow the application for bail.

Accordingly, the petitioner shall be released on bail subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Dinhata upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount, one of whom shall be local and on condition that the petitioner shall meet the Investigating Officer of the case once in a week.

CRM 5792 of 2020 and CRAN 4202 of 2020 are disposed of.