Calcutta High CourtCRM/1152/2021allowed

Deepak Kumar Singh@Dipak Singh@Deepak Kr Singh v. State Of West Bengal

2021-09-01Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

01.09.2021 Item no.18.

Court No.32.

AB (Allowed) (Via Video Conference) CRM No. 1152 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 28.01.2021 in connection with Salanpur Police Station Case No.172 of 2020 Dated 09.12.2020 under Sections 363/366/34 of the Indian Penal Code And In the matter of : Deepak Kumar Singh @ Dipak Singh @ Deepak Kr. Singh ......Petitioner.

Mr. Debapriya Samanta ......for the Petitioner. Ms. Sukanya Bhattacharya, Mr. Nirupam Dhali ......for the State.

The allegation against the petitioner is of kidnapping the victim, who allegedly was a minor at the time of the incident. We have seen the statement of the victim girl, who said that she was 18 years old and that she on her own volition went with the petitioner. Nobody forced her to go with the petitioner. We have seen the other material in the case diary. Having assessed the gravity and nature of the charge and the material on record, we are of the view that immediate custodial

interrogation of the petitioner may not be necessary so long as he cooperates with the Investigating Officer. Accordingly, in the event of arrest, the petitioner, namely Deepak Kumar Singh @ Dipak Singh @ Deepak Kr. Singh shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders. In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. No.1152 of 2021 is, thus, allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)