Urbesh Roy @ Urvesh Roy @ Gadai v. State Of West Bengal

28.03.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1383 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kalyani Police Station Case No. 81 of 2022 dated 09.03.2022 under Sections 417/376 of the Indian Penal Code, 1860. And In Re : Urbesh Roy @ Urvesh Roy @ Gadai ...... petitioner Mr. Shibaji Kumar Das ....for the petitioner Mr. Prasun Kumar Dutta Mr. Subrata Roy ....for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, it was the parents of the victim who prevented the marriage. The petitioner was falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.). Considering the 164 Cr.P.C. statement of the victim, where she acknowledges the past relationship and considering the gravity of the offence and the involvement of the petitioner therein, 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 once in a month till the conclusion of the investigation and on condition that the petitioner shall appear every day 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.) (Bibhas Ranjan De, J.)