Bidesh Halder v. State Of West Bengal

22.04.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1833 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 397 of 2020 dated 19.09.2020 under Sections 376/417/506/120B of the Indian Penal Code. And In Re : Bidesh Halder ...... petitioner Ms. Minoti Gomes ....for the petitioner Mr. Arijit Ganguly Mr. Avik Ghatak ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated. There was a relationship between the petitioner and the de-facto complainant, which ultimately turned sour.

Learned advocate appearing for the State draws the attention of the Court to the materials in the Case Diary including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.). The victim is a 35 years old lady. She is married to a different person. She entered into a relationship with the petitioner.

Considering the age of the victim, her marital status and her 164 Cr.P.C. statement, the gravity of the offence and the involvement of the petitioner therein and considering the fact that the police filed charge-sheet, 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 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.)