Bahadur Mondal vs State Of West Bengal & Ors
2021 Latest Caselaw 1563 Cal

25.02.2021.
Item no. 29.
Court No.13
   sp
                               W.P.A. No. 3847 of 2020
                             (Through Video Conference)

                                   Bahadur Mondal
                                       Versus
                             State of West Bengal & Ors.


                     Mr. Sarwar Jahan,
                     Mr. Asraf Mondal,
                     Mr. Debanshu Ghorai.
                                                    ...For the petitioner.
                     Mr. Susanta Pal,
                     Mr. Prabir Roy.
                                                         ..For the State.




                     The petitioner was working as Civic Volunteer

               under Tehatta Police Station, Nadia. He was implicated

               in a criminal proceeding under Section 376 read with

               Section 417 of the Indian Penal Code in Palashipara

               Police Station Case No. 126 of 2019. A charge sheet No.

               156/2019 dated August 3, 2019 has also been filed

               against the petitioner.

                     While granting bail to the petitioner, the leaned

               Additional Sessions Judge, Tehatta, Nadia observed as

               follows;

                     Considered. Investigation of the case is going on.
                     The de-facto complainant herself is a married lady
                     and from nowhere it can be inferred that she has
                     been given divorce. The allegation of rape with
                     promise of marriage or failure/denial on part of
                     accused to marry the victim lady inspires no
                     credence. The nature of allegation coupled with
                     period of detention do not warrant further detention
                     of the accused person. Thus I am inclined to grant
                     bail to him. The accused person namely Bahadur
                     Mondal find bail of Rs. 5,000/- with two
                     sureties of Rs. 2,500/- each, to the satisfaction of
                     Ld. A.C.J.M., Tehatta.
                               2




        The petitioner after being enlarged on bail has

applied to the I.C. Tehatta Police Station, Nadia to

continue engagement which remains unconsidered till

date.

        In the light of above, the S.P., Nadia shall consider

the petitioner's case for re-engagement in the light of the

Rules    applicable    to   Civic    Volunteers     and      after

considering the records of the criminal case against the

petitioner and also the observation of the learned

Additional     Sessions     Judge,     Nadia      referred     to

hereinabove.

        It is expected that the S.P., Nadia shall dispose of

the aforesaid matter within a period of 2 months from

the date of communication of a copy of this order-

uninfluenced by any observation made hereinabove.

        With the aforesaid observations, the writ petition is

disposed of.

        There shall be no order as to costs.

        Instruction of Government Pleader issued by the

Inspector-in-Charge, Tehatta Police Station, Nadia dated

13.03.2020

be kept with the record.

Urgent photostat certified copy of this judgment, if

applied for, be given to the parties upon compliance of all

formalities.

(Rajasekhar Mantha, J.)