Shashanka De @ Shasanka Dey v. State Of West Bengal And ANR

07.05.2024 Item No.55 Ct. No. 29 CHC Allowed C.R.M.(A) 1506 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Marishda Police Station Case No. 226 of 2023 dated 23.12.2023 under Sections 448/323/325/376/511/354/506/34 of the Indian Penal Code, 1860, pending before the Learned Additional Chief Judicial Magistrate at Contai, Purba Medinipur. And In the matter of : Shashanka De @ Shasanka Dey & anr. ...... petitioners Ms. Minoti Gomes, Mr. Mazhar Hossain Chowdhury ....for the petitioners Mr. Arindam Sen, Md. A. Zaki ....for the State Petitioners pray for anticipatory bail.

None appears for the de facto complainant despite being notified by the State.

There is a delay in lodging the First Information Report. Victim refused to undergo medical examination. The statement of the victim recorded under Section 164 of the Criminal Procedure Code remains largely uncorroborated. In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 7 th of May 2024 03:50:10 PM

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 condition that the petitioners will report before the Investigating Officer once in a week till the conclusion of investigation and on condition that the petitioners shall appear on every date 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. CRM(A) 1506 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)