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Calcutta High CourtCRM (A)/2110/2022allowed

Krishna Chourasia v. State Of West Bengal

2022-05-11Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

CRM (A) 2110 of 2022 11.05.2022 Sl. 17 Court No.29 suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Belda P.S. Case No.

dated 15/03/2022 under Sections 417/376/323/506/34 of the Indian Penal Code.

And In the matter of: Krishna Chourasia ....petitioner.

Mr. Navanil De ...for the petitioner.

Mr. Sudip Kumar Ghosh ...for the State.

Mr. Arindam Sen Mr. Samit Bhanja ...for the de facto complainant.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner and the de facto complainant were a relationship. On the relationship turning sour, the police complaint was lodged falsely implicating 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 Criminal Procedure Code. The de facto complainant is represented.

It is contended on behalf of the de facto complainant that the petitioner threaten to harm the reputation of the de facto complainant on the social media.

In her statement recorded under Section 164 of the Criminal Procedure Code, the victim acknowledges her relationship with the petitioner. The victim is 32 years of age and is an Assistant Teacher.

Considering the statement of the victim recorded under Section 164 of the Criminal Procedure Code and considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, 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/- (Rupees Ten Thousand Only) 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 and on condition that the petitioner will report before the Investigating Officer once in a month 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.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 2110 of 2022 is, thus disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)