Calcutta High CourtCRM (A)/2581/2022allowed

Sumit Ray @ Roy v. State Of West Bengal

2022-06-23Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. (A) 2581 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. 717 of 2020 dated 27.12.2020 under Sections 376/417/506/34 of the Indian Penal Code, 1860 and Section 6 of Protection of Children from Sexual Offences Act, 2012.

And In the matter of: Sumit Ray @ Roy ....petitioner.

Ms. Sananda Bhattacharyya ...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld. PP Mr. Aniket Mitra ...for the State.

Petitioner prays for anticipatory bail.

23.06.2022 Sl. 3 Court No.29 (AD) (Allowed) Learned Advocate appearing for the petitioner submits that the police complaint is a result of a love relationship turning sour.

Learned Advocate appearing for the State draws the attention of the Court to the contents in the case diary including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.

Considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and 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 a fortnight 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.

C.R.M. (A) 2581 of 2022 is, thus disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)