Jhareswar Roy v. State Of West Bengal

15.09.2020 Sl. No.28 akd [ALLOWED] C. R. M. 6394 of 2020 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 26.08.2020 in connection with Salboni Police Station Case No. 60 of 2020 dated 08.03.2020 under Sections 417/376/506 of the Indian Penal Code.

And In Re: Jhareswar Roy ... ... Petitioner Mr. Mazahar Hossain Chowdhury .. Advocate ... ... for the petitioner Mr. Sanjay Bardhan .. Advocate Mrs. Ratna Ghosh .. Advocate ... ... for the State Having considered the materials on record and keeping in mind the facts and circumstances of the case in the light of the submission that the victim was a major lady at the time of cohabitation, we are of the opinion that custodial interrogation of the accused/petitioner is not necessary in the facts of the present case and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Jhareswar Roy, 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.

The application for anticipatory bail is, thus, disposed of. All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)