Calcutta High CourtCRM/4376/2021disposed

Supravat Pramanik v. State Of West Bengal

2021-09-20Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

10.

20.09.2021 Ct.32 Tanmoy Allowed C.R.M. 4376 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 29/06/2021 in connection with Dum Dum Police Station Case No. 186 of 2021 dated 11/02/2021 under Sections 376/417 of the Indian Penal Code.

And In the matter of: - Supravat Pramanik ...petitioner.

Mr. Pradip Majumder, Mr. Mrityunjoy Chatterjee, Ms. Piyali Mukherjee ...for the petitioner.

Ms. Gopa Biswas ...for the de facto complainant.

Mr. Tanmay Kr. Ghosh, Mr. Arabinda Manna ...for the State.

The complainant has alleged that the petitioner promised to marry her. They had a longstanding relationship of about 6/7 years. They also have physical relationship. However, ultimately, the petitioner went back on his promise.

We have seen the material in the Case Diary including the statement of the complainant/victim. We have also seen the injury report. There is no significant injury. Both the petitioner and the complainant are majors. Prima facie it appears that the physical relationship they had was consensual. Considering the material on record and the nature and gravity of the charge, we are of the opinion that immediate custodial interrogation of the petitioner may not be necessary so long as he co-operates with the investigation.

Accordingly, in the event of arrest, the petitioner, viz., Supravat Pramanik shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application being C.R.M.

of is, accordingly, disposed of.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)