A Single Judge Bench allowed bail to the accused Tarak Makal in a rape case, holding that further detention was not necessary as investigation was complete and variations existed in the victim's statement.
Release of the accused upon furnishing a bond of Rs.10,000 with two sureties of like amount, one local, with conditions.
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05.01.2023 Sl. No.10 akd [ALLOWED]
C. R. M. (DB) 1 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.12.2022 in connection with Jangipara Police Station Case No.182 dated 27.09.2022 under Sections 376(2)(f)/506 of the Indian Penal Code. (G.R. Case No.1856 of 2022)
And
In Re: Tarak Makal
… … Petitioner
Mr. Navanil De Mr. Rajeshwar Chakraborty Mr. Srinjan Ghosh Mr. Subhrajit Dey Ms. Monami Mukherjee
… … for the petitioner
Mr. S. S. Imam Mr. S. Kundu
… … for the State
It is submitted on behalf of the petitioner that he is in custody for about 89 days. It is further submitted there is variation in the statement of the victim in the FIR and before Magistrate with regard to the time of occurrence. Allegation of forcible rape is out and out false. Investigation is complete.
Learned Advocate for the State opposes the prayer for bail.
We have considered the materials on record. There is some variation in the time of occurrence in the FIR and the statement of the victim before Magistrate. Threat held out by the petitioner to the son of the victim is not corroborated by her son. In view of the aforesaid circumstances and as investigation is complete, we are of the opinion further detention of the accused/petitioner is not necessary.
Therefore, the accused/petitioner, namely Tarak Makal , be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom
2
must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Serampore, Hooghly subject to condition that the said petitioner 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.
In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.
The application for bail, thus, stands allowed .
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
1 issue framed by the court
Whether bail should be granted to the accused despite variations in the victim's statement and alleged threats.
2 provisions across 2 enactments
Tarak Makal
The State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
