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Judgment
Arindam Lodh, J
Heard Mr. S. Lodh, learned counsel appearing for the accused-applicant. Also heard Mr. S. Ghosh, learned Addl. P. P. appearing for the respondent-State.
This is an application filed under Section 439 of Cr.P.C. for granting bail to the accused in connection with Bodhjungnagar P.S. Case No.2023 BJN 050 dated 18.07.2023 under Sections 420/376(2)(n)/343 of IPC.
The contents of the FIR read as under:-
“To
The OC Budhjungnagar P.S.
West Tripura, Agartala.
Name of the informant: Supta Das, D/o. Late Rajit Das, resident of West Champamura, PS-Bodhjungnagar, District-West Tripura, age-24.
Name of the accused person: Sri Rajib Munda, S/O- Ramesh Munda, aged about
28 years, resident of Dharmatill, Meghli Para, PS-Ranirbazar, District-West Tripura, Tripura, Age-26.
With due respect I beg to inform you that I am residing in the above mentioned address and I am a simple citizen. I knew the accused person for last one year, and i know him through Facebook, and developed love affairs between us. The accused told me that he was unmarried and he would marry me, and thereafter, on 12.07.2023 he took the informant to Agartala court and executed one Affidavit and took me in a rented house at Dharmanagar and married me in Krishna Mandir and after one day, he took me to Shilchar and on 15.07.2023 at night, I came to know from the friend of the informant that he is married person and he has his wife and children. Being a married person, he cheated me, and made me belief that I am his married wife and on that belief the accused person from 12.07.2023 to 15.07.2023 made physical relation with me on several times. On 15.07.2023 after getting the information about his marital status, I could understand that the accused person had cheated me, and thereafter, when I tried to flee, he forcefully confined me, and raped me on 15.07.2023 at night.
So you are requested to kindly investigate the case and give justice to me.
Date 17/07/2023
Yours faithfully
Sd/ Sutapa Das”
From the complaint itself it appears that both the complainant and the accused had enjoyed the conjugal life. The complainant was also a participant to the alleged marriage through affidavit. The complainant visited the place where the accused had taken her and decided to stay with him.
At this stage, Mr. Ghosh, learned Addl. P.P. has prayed for a day’s time to produce the case diary.
Prayer stands allowed.
However, subject to production of case diary, I am inclined to release the accused Sri Rajib Munda on interim bail. Accordingly, the accused shall be released on bail on furnishing of bail bond of Rs.25,000/- with one surety of the like amount to the satisfaction of jurisdictional Magistrate.
List the matter tomorrow (30.09.2023).