Suman Biswas v. State Of West Bengal

10.06.2022 sdas Allowed C.R.M.(A) 2534 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 490 of 2020 dated 29.09.2020 under Sections 448/376/511 of the Indian Penal Code.

And In Re : Suman Biswas ...... petitioner Ms. Minoti Gomes .....for the petitioner Mr. Imran Ali Mr. M.F. A. Begg ....for the State It is submitted by the learned Counsel appearing for the petitioner that he has been falsely implicated in the instant case.

Learned Counsel appearing for the State opposes prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the aforesaid submission made on behalf of the petitioner, we are of the opinion though custodial interrogation of the petitioner is not necessary, his movement requires to be restricted in order to instill confidence in the mind of victim.

Accordingly, we direct that in the event of arrest the petitioner 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 further conditions that the petitioner shall not enter the jurisdiction of Hanskhali Police Station while on anticipatory bail except for the purpose of investigation and attending the Court proceedings and shall provide the address where he shall reside to the investigating officer as well as the Court below and shall report to the officerin-charge of the police station concerned within whose jurisdiction he shall presently reside once in a week until further orders. He shall appear before the court below and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)