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2025 DAILYLAW 6576 (CAL)

RUHUL AMIN MOLLA v. STATE OF WEST BENGAL

CRM (DB)/289/2025 · 2025-03-27

Apurba Sinha Ray, Arijit Banerjee

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27.03.2025 Item no. 34. Court No.29. AB (Allowed) CRM (DB) 289 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 Murshidabad P.S. Case No.687 of 2024 Dated 18.08.2024 under Sections 144/64/61(2)/3(5) of the B.N.S. 2023 read with Sections 3/4/5/7 of the Immoral Traffic (Prevention) Act And In the matter of : Ruhul Amin Molla ……Petitioner. Ms. Minoti Gomes, Mr. Debraj Shil ……for the Petitioner. Mr. Bitoshok Banerjee Mr. S. K. Dasgupta ……for the State. Ms. Sibangi Chattopadhyay….for the Victim Lady. Dictated by Apurba Sinha Ray, J. 1. Status report filed on behalf of the State, be kept with the records. 2. From the service report filed on behalf of the State, it appears that 5 out of 6 victim ladies have been served. One of them is represented through learned Counsel. One victim lady could not be found at the recorded address. 3. Learned Counsel for the petitioner has submitted that the petitioner is in custody for about 224 days and investigation is complete. He has no knowledge about the commission of the alleged offence since he was employed as a cook of the concerned hotel. As the investigation is complete, there is no need for his further custodial detention. 2 4. Learned Counsel for one of the victim ladies has submitted that she has instructions that she had no allegation against the present petitioner since the defacto complainant was merely a tourist and there was vandalism at the hotel at the instance of the local people at the relevant point of time. 5. Learned Counsel for the State, while opposing the bail prayer, has fairly submitted that in the case diary there is nothing strong against the present petitioner. He leaves the matter to the discretion of this Court. 6. We have considered the materials on record. It appears that investigation is complete and considering the statements of the alleged victims recorded under Section 183 B.N.S.S. 2023, which do not implicate this petitioner, we are of the opinion that there is no need for further custodial detention of the petitioner. 7. Accordingly, we direct that the petitioner, namely RUHUL AMIN MOLLA 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, Lalbagh, Murshidabad, and on further conditions that he shall not leave the jurisdiction of the concerned Police Station and shall report to the Officer- in-Charge/Inspector-in-Charge of the concerned Police Station once in a fortnight until further orders. 8. The petitioner shall appear before the trial court on every date of hearing until further orders and shall not 3 intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever. 9. 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. 10. The application for bail is, accordingly, allowed. 11. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)