Calcutta High CourtCRM (A)/1331/2023allowed

Samar Kumar Halder v. State Of West Bengal

2023-03-30Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

30.03.2023 Serial no. 24 [Dd] (Anticipatory bail) Allowed) CRM (A) 1331 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Jalangi Police Station Case No. 45 of 2023 dated 10.02.2023 under Sections 417/376 of the IPC.

-AndIn the matter of : Samar Kumar Halder ... ... Petitioner Md. Golam Nure Imrohi, Advocate ... ... For the Petitioner Mr. Imran Ali, Mr. Debjani Sahu, Advocate ... ...For the State The victim recorded a statement under Section 164 of the Criminal Procedure Code where she acknowledges that there was a relationship between her and the petitioner. A physical relationship was entered into, according to her, on the promise of marriage.

The issues as to whether, the petitioner entered into a physical relationship with the de facto complainant and on the promise as claimed by her, are issues which should be decided at the trial, if so raised.

At this stage, we are inclined to 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/- (Rupees Ten Thousand Only), 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 report before the Investigating Officer once in a month till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 1331 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)