Aloke Bhattacharya v. State Of West Bengal

24.02.2022 Serial no.17 Aloke Ct. No. 29 CRM (A) 930 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 21.02.2022 in connection with Madhyamgram Police Station Case No. 32 of 2022 dated 14.01.2022 under Section 376/417/420/354D/385 of the Indian Penal Code.

-AndIn the matter of : Aloke Bhattacharya ... ...Petitioner Mr. Saurav Chatterjee, Advocate Mr. Dhananjoy Banerjee, Advocate Mr. Soumyajit Das Mahapatra, Advocate Ms. Oindrila Ghosh, Advocate ... ... For the Petitioner Mr. Partha Pratim Das, Advocate Ms. Manasi Roy, Advocate ... ... For the State Ms. Minoti Gomes, Advocate ... ... For the De facto complainant Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the de facto complainant and the petitioner are colleagues. There was a relationship for a considerable period of time. The police complaint is a result of the relationship turning sour. The State and the de facto complainant are represented.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the de facto complainant recorded under Section 164 of the Code of Criminal Procedure.

Considering the gravity of the offence and the involvement of the petitioner therein and considering the statement recorded under Section 164 of the Code of Criminal Procedure of the de facto complainant, 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 with a further condition that the petitioner will report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that 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) 930 of 2022 is disposed of.

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