Calcutta High CourtCRM/3587/2021partly allowed

Atanu Metya And ANR v. State Of West Bengal

2021-10-07Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

07.10.2021 Ct. No. 29 KAUSHIK Allowed C.R.M. 3587 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 277 of 2021 dated 06.04.2021 under Sections 363/365/368/34 of the Indian Penal Code, 1860.

And In Re : Atanu Metya & Anr.

...... petitioners Mr. Amal Krishna Samanta .....for the petitioners Mr. Binoy Kumar Panda Ms. Puspita Saha Mr. Subham Bhakat ....for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioner submits that, there is a love affair between the petitioner and the defacto complainant. 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.). He submits that, the police submitted charge-sheet. Considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and the fact that the victim refused medical test and considering the fact that the

police submitted charge-sheet, we grant anticipatory bail to the petitioner No. 1 (Atanu Metya).

Learned advocate appearing for the petitioner submits that, the application be treated as not pressed in respect of petitioner no. 2 (Arjun Metya). In such circumstances, the petition is dismissed as not pressed for the petitioner no. 2. Accordingly, we direct that in the event of arrest the petitioner No. 1 (Atanu Metya) 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 before the jurisdictional court on every date fixed and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)