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Calcutta High CourtCRM (A)/1807/2022allowed

Haradhan Adhikari @ Raj v. State Of West Bengal

2022-04-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

21.04.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1807 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Arambagh Police Station Case No. 55 of 2022 dated 27.02.2022 under Sections 363/365/506/34 of the Indian Penal Code, 1860.

And In Re : Haradhan Adhikari @ Raj ...... petitioner Mr. Niladri Sekhar Ghosh Mr. Sompurna Chatterjee Mr. Sourav Mondal ....for the petitioner Mr. Bidyut Kumar Roy Ms. Kumkum Mitra ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner and the victim lady were in a relationship. The victim voluntarily approached the petitioner. 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.). In her 164 Cr.P.C. statement, the victim states that, she went voluntarily with the petitioner since her father was arranging her marriage.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary and considering the 164 Cr.P.C. statement of the victim and considering her age, 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 fortnight 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.)