Sourav @ Abir Malik vs State Of W. B.

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 videoconference on the basis of such undertaking.

The learned advocate for the petitioner submits that the petitioner is in custody for a considerable period of time. There was a relationship between the

petitioner and the victim. However, the petitioner has been falsely implicated in the case on the basis of submission of the de facto complainant.

The learned advocate for the State opposes the prayer for bail and draws the attention of this court to the different materials collected by the

investigating agency which includes the medical report as well as the statement of the victim under Section 164 of the Code of Criminal Procedure.

On perusal of the statement of the victim under Section 164 of the Code of Criminal Procedure and other relevant materials, we are of the opinion that

the petitioner should be enlarged on bail.

Accordingly, the prayer for bail is allowed. In the event of arrest the petitioner shall furnish a bond of Rs.10,000/- with two sureties of like amount

each to the satisfaction of the Additional Chief Judicial Magistrate, Baruipur, South 24 Parganas and on condition that he shall not tamper with the

evidence and/or intimidate witnesses who are associated with the case. The aforesaid order of bail shall be subject to the provisions of Sub-section 3

of Section 437 of the Code of Criminal Procedure. In case there are allegations against the petitioner of tampering of evidence and/or trying to create

circumstances, which are prejudicial to the progress of the trial, the learned trial court would be at liberty to cancel the bail without further reference

to this court.

CRM 4823 of 2020 and CRAN 3021 of 2020 are disposed of.