Pooja Priyadarshini & ORS. v. State Of West Bengal

15.12.2020 Saswata (Allowed).

C.R.M. 2782 of 2020 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 13.03.2020 in connection with Parnasree P. S. Case No.251 of 2019 dated 06.12.2019 under Sections 420/323/354/406/379/448/506/120B of the IPC. In the matter of : Pooja Priyadarshini ... Petitioners.

Mr. Arindam Maitra ...for the Petitioners.

Mr. Saibal Bapuli, APP .....for the State.

It is submitted on behalf of the petitioners that there was an amorous relationship between the parties but it did not lead to matrimony due to irreconcilable difference. The instant case is a counter-blast of an earlier case lodged by petitioner no. 1 against the de facto complainant and his relations.

Learned lawyer for the State opposes the prayer for anticipatory bail.

The statements of the witnesses including electronic messages exchanged between the parties show lack of trust resulting in breaking of the relationship. Whether the petitioners had dishonest intention from the inception of the relationship has to be assessed at the appropriate stage of the proceeding. Under such circumstances, we are of the opinion that custodial interrogation of the petitioners is not necessary and the petitioners may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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)