Sukumar Sharma v. The State Of West Bengal And ANR

02.05.2024 Item No.7 Ct. No. 29 CHC Allowed C.R.M.(A) 1562 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ranaghat Police Station Case No. 205 of 2024 dated 20.03.2024 under Sections 448/323/406/417/376/313/506/34 of the Indian Penal Code, 1860, pending before the Learned Additional Chief Judicial Magistrate, Ranaghat, Nadia.

And In the matter of : Sukumar Sharma ...... petitioner Ms. Sananda Bhattacharyya ....for the petitioner Mr. Arindam Sen, Mr. Suman Saha ....for the State Mr. Debashis Banerjee, Mr. Rakesh Jana ....for the de facto complainant Petitioner prays for anticipatory bail.

De facto complainant recorded her statement under Section 164 of the Criminal Procedure Code where she acknowledges that, there was a relationship between her and the petitioner.

Both the petitioner and the de facto complainant are adults.

As to whether, any physical relationship was entered into on the promises as alleged may be decided at the trial. In such circumstances, we grant anticipatory bail to the petitioner.

Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 2 nd of May 2024 05:17:06 PM

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 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 petitioner will report before the Investigating Officer once in a week till the conclusion of investigation and on condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. CRM(A) 1562 of 2024 is disposed of.

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