06 18-02-2025 (ct. no. 29) KOLE Allowed CRM (DB) 341 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Baharampur Police Station Case No. 2012 of 2024 dated 09.12.2024 under Sections 64/123/117(2)/109(1)/303(2)/351(2) of the BNS. - A n d - In the matter of : Sri Sushim Mukul Mitra @ Susim Kumar Mitra .... Petitioner. Mr. Sekhar Basu, Ms. M. Sarkar, … For the Petitioner. Mr. Debabrata Chatterjee, Ms. Kanchan Roy, … For the State. Mr. Sandipan Ganguly, Mr. Arnab Neogi, Mr. A. Karmakar, Mr. A. Saha, Mr. K. Dudhewala, … for the defacto complainant. Order dictated by Apurba Sinha Ray, J.: 1. Learned Advocate for the petitioner submits that the petitioner is in custody for about 55 days. He is a doctor of government hospital by profession. The victim lady is aged about 30 years and there was an amorous relationship between them. However, the present petitioner has been falsely implicated in this case. The investigation is almost complete. Considering his period of detention and stage of the investigation, the petitioner may be enlarged on bail on any condition. 2. Learned State Advocate opposes the bail prayer. He says that the investigation is still going on. There are sufficient incriminating materials against the petitioner. 3. Learned Advocate for the defacto complainant vehemently opposes the bail prayer. He says that there are sufficient materials 2 showing that the petitioner has admitted his guilt by sending whatsapp messages and the same messages also show that there was a gender neutral relationship between the parties but that did not allow the petitioner to ravish the defacto complainant after administering stupefying drugs. Due to some social circumstances the defacto complainant could not lodge the FIR in time but that does not absolve the petitioner from his admitted guilt. 4. We have considered the materials on record including the case diary. It appears that the investigation has progressed to a great extent. It is true that the defacto complainant suffered the alleged humiliation on 08.10.2024 but she lodged the FIR after two months from the date of the alleged incident and that too, in Berhampore Police Station when the alleged incident of rape occurred in Golf Green, Kolkata. 5. However, without touching the merits of the case, we find that the investigation has progressed to a great extent and we are inclined to enlarge the petitioner on bail on certain conditions. 6. Accordingly, we direct that the petitioner, namely, Sri Sushim Mukul Mitra @ Susim Kumar Mitra, 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 Chief Judicial Magistrate, Baharampur, Murshidabad subject to condition that he 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 and on further condition that the petitioner while on bail shall remain within the jurisdiction of the Berhampore police station and shall meet the I.C of the concerned police station once in a week until 3 further orders. He shall surrender his passport to the learned Trial Court prior to his release. 7. 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. 8. The application for bail is, accordingly, allowed. 9. 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. )