Sarabendu @ Kartick Barman v. State Of West Bengal

21.12.2020 Saswata (Allowed).

C.R.M. 2075 of 2020 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khejuri P. S. Case No.17 of 2020 dated 16/01/2020 under Sections 363/365 of the IPC.

In the matter of : Sarabendu @ Kartick Barman ... Petitioner.

Ms. Sudipa Banerjee Ms. S. Dutta Ms. S. Dutta ...for the Petitioner.

Mr. Sekhar Barman .....for the State.

It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case.

Learned lawyer for the State submits that the victim refused to record statement under Section 164 of the Cr.P.C. We have considered the materials on record. Keeping in mind the nature of allegations in light of the aforesaid submission and as the victim has already been recovered, we are of the opinion that custodial interrogation of the petitioner is not necessary.

Accordingly, we direct that in the event of arrest, the petitioner 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.

(Suvra Ghosh, J.) (Joymalya Bagchi, J)