Dipak Adhikari @ Dipa v. State Of West Bengal

CRM No.126 of 2021 14.01.21 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with New Town Police Station Case No.199 of 2020 dated 02.11.2020 under Sections 417/376/406/323/506 of the Indian Penal Code; (S.R.) Sl.124 Ct.28 And In re:

Dipak Adhikari @ Dipa ... petitioner.

Ms. Sonali Das ... for the petitioner.

Mr. S.S. Imam Mr. Mr. S. Kundu ...for the State.

The learned advocate appearing for the petitioner submits that the petitioner is a married person and the de facto complainant is a divorcee. The petitioner has been falsely implicated in the instant case and there is no incriminating material against him.

The learned advocate appearing for the State respondent opposes the petitioner's prayer and places before us the case diary.

Having heard the learned advocates and considering the materials in the case diary and the nature of allegations, we are of the opinion that custodial detention of the petitioner is not necessary.

Accordingly, we direct that in the event of arrest, the petitioner, namely, Dipak Adhikari @ Dipa, shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall meet the investigating officer once in a week on and from 21st January, 2021, until further orders.

Accordingly, the application for anticipatory bail being CRM No.126 of 2021 is allowed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)