Suman Poddar @ Napur Poddar @ Suvam Poddar v. State Of West Bengal

16.02.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 681 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 1018 of 2022 dated 07.11.2022 under Sections 448/376 of the Indian Penal Code. And In Re : Suman Poddar @ Napur Poddar @ Suvam Poddar ...... petitioner Mr. Kaushik Chaudhury Ms. Busra Khatun ....for the petitioner Mr. Bidyut Kumar Roy Ms. Rita Dutta ....for the State There is a previous police complaint, which does not allude to any rape being committed.

The present police complaint was lodged about a month after the alleged incident.

In such circumstances, we 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/-, with two sureties of like amount each, to the satisfaction of the arresting officer and also be 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 as and when

called for till the conclusion of the investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)