Buddu Das@Guddu Das v. State Of West Bengal
17.03.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1105 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. 688 of 2022 dated 04.08.2022 under Sections 448/509/506/376/511 of the Indian Penal Code, 1860.
And In Re : Buddhu Das @ Guddu Das ...... petitioner Ms. Minoti Gomes ....for the petitioner Mr. Pravas Bhattacharya Mr. M.F.A. Begg ....for the State The victim after recording her statement under Section 164 of the Code of Criminal Procedure did not undergo any medical examination.
The claim of the victim presently remains unsupported by materials in the case diary.
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 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.
This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)