Calcutta High CourtCRM (A)/1054/2023allowed

Bablu Das v. State Of West Bengal

2023-03-14Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1054 of 2023 14.03.2023 Sl.41 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ranaghat Police Station Case No.82 of 2023 dated 18.02.2023 under Sections 376/417 of the Indian Penal Code, 1860. And In the matter of: Bablu Das ....petitioner.

Mr. Shibaji Kumar Das Ms. Rupsa Sreemani ... for the petitioner.

Mr. Abhra Mukherjee Ms. Manisha Sharma ...for the State.

Petitioner prays for anticipatory bail.

Petitioner and the de facto complainant are major. Apparently, the de facto complainant and the petitioner were in a relationship.

Both the private parties being adults are expected to know the consequences of the relationship.

The issue as to whether the relationship was premised upon promises as claimed by the de facto complainant or that any promises as alleged by the de facto complainant were held out are issues are decided at the trial.

At this stage, 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/- (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 on condition that the petitioner will

report before the Investigating Officer once a month 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. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 1054 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)