Sushanta Tudu v. State Of West Bengal

23.02.2023 Serial no. 24 [Dd] (Anticipatory bail) Allowed) CRM (A) 812 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bamongola Police Station Case No. 279 of 2022 dated 30.11.2022 under Sections 363/365/34 of the Indian Penal Code.

-AndIn the matter of : Sushanta Tudu ... ... Petitioner Mr. Amitava Karmakar, Mr. Arup Kr. Bhowmick, Advocates ... ... For the Petitioner Mr. Tanmoy Kr. Ghosh, ld. SGA Mr. Pratick Bose, Advocates ... ...For the State The victim in her statement recorded under Section 164 of the Criminal Procedure Code states that she went voluntarily with the petitioner.

Petitioner is about 22 years of age.

Police filed charge sheet.

Considering his age and the statement of the victim recorded under Section 164 of the Criminal Procedure Code and considering the fact that police filed charge sheet, we deem it appropriate 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 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 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 812 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)