Calcutta High CourtCRM (A)/1132/2024allowed

Mrinalkanti Bhuin v. State Of West Bengal

2024-04-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Prasenjit Biswas2 pages

08.04.2024 Item No.67 AD/SD Court No.28 (Allowed) C.R.M. (A) No. 1132 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Taldangra Police Station Case No. 10 of 2024 dated 05.02.2024 under Sections 354B/506 of the Indian Penal Code, 1860 pending before the Learned Additional Chief Judicial Magistrate Court, Khatra, District-Bankura. (G.R. Case No.83 of 2024) And In Re : Mrinalkanti Bhuin ..... petitioner Mr. Tushar Kanti Har Mr. Sudip Kumar Chakraborty Mr. Somnath Chakraborty .....for the petitioner Mr. Arijit Ganguly Ms. Suveni Banerjee ....for the State

1. Petitioner submits he has been falsely implicated due to political rivalry. He prays for anticipatory bail.

2. Learned Lawyer for the State opposes the prayer for anticipatory bail.

3. We have considered the materials on record. Petitioner is a medical technician. He performed ECG test on the victim. Credibility of the allegation of molestation has to be assessed in light of the submission that there is political rivalry between the parties.

4. Under such circumstances, we are of the opinion custodial interrogation for progress of investigation is not necessary and petitioner may be granted anticipatory bail.

Signed By :

ABHIJIT DAS High Court of Calcutta 9 th of April 2024 06:13:51 PM

5. 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 condition that he shall appear before the jurisdictional Court and pray for regular bail within a period of four weeks from date.

6. The prayer for anticipatory bail of the petitioner is allowed.

7. C.R.M. (A) No. 1132 of 2024 is disposed of. (Prasenjit Biswas, J.) (Joymalya Bagchi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 9 th of April 2024 06:13:51 PM