PRATAP MONDAL @ MANDAL v. THE STATE OF WEST BENGAL AND ANR
CRM (DB)/623/2025 · 2025-03-13
Arijit Banerjee, Om Narayan Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10660 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10660 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
13.03.2025 Item no. 50. Court No.29. AB (Allowed)
CRM (DB) 623 of 2025
In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chakdaha Police Station Case No.66 of 2025 Dated 19.01.2025 under Section 69 of the B.N.S. 2023
And In the matter of : Pratap Mondal @ Mandal
……Petitioner. Mr. Pradip Kr. Kundu,
Mr. Pratik Basu,
Mr. S. Sadhukhan
……for the Petitioner. Ms. Manisha Sharma
Ms. Puspita Saha
……for the State. Dictated by Arijit Banerjee, J.
1. Service report filed by the State, be kept with the records. In spite of service, nobody appears for the defacto complainant/victim. 2. The petitioner says that there was an affair between him and the victim lady. They had consensual physical relationship. Upon the petitioner not acceding to the victim lady’s demand to get married, this false complaint has been lodged. Investigation is complete and charge sheet has been filed. He is in custody for 52 days. 3. Learned State Advocate, while opposing the bail prayer, draws our attention to the statement of the victim lady recorded under Section 183 B.N.S.S. 2023. She says
2 that the petitioner promised to marry her and, therefore, she agreed to physical relationship. Now, the petitioner is refusing to marry her. 4. We have seen the relevant material in the case diary. The victim lady is 27 years of age and the petitioner is 32 years old. 5. On an overall assessment of the material on record and considering the gravity and possible extent of complicity of the petitioner in the commission of the alleged offence and keeping in mind that investigation is complete, we are of the opinion that further custodial detention of the petitioner is not necessary. 6. Accordingly, we direct that the petitioner, namely PRATAP MONDAL @ MANDAL shall 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 Additional Chief Judicial Magistrate, Kalyani, Nadia, and on further conditions that he shall remain within the jurisdiction of the concerned police station and shall report to the Officer in charge of the concerned police station once in a week until further orders. 7.
7. The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence
3 and/or commit any cognizable offence in any manner whatsoever. 8. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner’s bail in accordance with law without further reference to this Court. 9. The application for bail is, accordingly, allowed. 10. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Om Narayan Rai, J.) (Arijit Banerjee, J.)