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Calcutta High CourtCRM (A)/2640/2022allowed

Avijit Pramanik v. State Of West Bengal

2022-06-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

14.06.2022 Sl. No.93 akd [ALLOWED] C. R. M. (A) 2640 of 2022 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 09.06.2022 in connection with Shantipur Police Station Case No. 321 of 2021 dated 02.06.2021 under Sections 417/376 of the Indian Penal Code.

And In Re: Avijit Pramanik ... Petitioner Mr. Shekhar Barman Mr. Rohit Prasad ... for the petitioner Mr. Goutam Wilson ... for the State Heard the learned advocate appearing for both the parties. Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that the victim was a major lady at the time of cohabitation and was aware of the consequences thereof, we are of the opinion custodial interrogation of the accused/petitioner may not be 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 Avijit Pramanik, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)