Dhananjay Sen v. The State Of West Bengal

02.02.2022 Serial no.26 Aloke Ct. No. 29 CRM (A) 475 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 28.01.2022 in connection with Galsi Police Station Case No. 669 of 2021 dated 25.12.2021 under Sections 417/376/506 of the Indian Penal Code.

-AndIn the matter of : Dhanajjay Sen ... ...Petitioner Mr. Jyoti Prakash Chatterjee, Advocate Mr. Sayan De, Advocate Mr. Kaustav Shome, Advocate Mr. Sayan Kanjilal, Advocate ... ... For the Petitioner Mr. Sandip Chakraborty, Advocate ... ... For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. In response to a query of Court, learned Advocate appearing for the State submits that the victim refused medical examination. Considering the age of the victim and considering the statement recorded under Section 164 of the Code of Criminal Procedure, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and 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 will report before the Investigating Officer

once in a month till the conclusion of the investigation and on further condition that the petitioner shall appear before the Court below and pray for regular bail within four weeks from date.

The prayer for anticipatory bail is allowed.

CRM (A) 475 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)