Dr. Subham Giri @ Dr. Subha Giri v. State Of West Bengal And ANR

07.05.2024 Item No.59 Ct. No. 29 CHC Allowed C.R.M.(A) 1565 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Contai Women Police Station Case No. 70 of 2023 dated 23/07/2023 under Sections 313/120(B) of the Indian Penal Code, 1860, pending in the Court of the Learned Additional Chief Judicial Magistrate, Contai, District Purba Midnapore. And In the matter of : Dr. Subham Giri @ Dr. Subha Giri ...... petitioner Mr. Phiroze Edulji, Mr. Shibaji Kr. Das ....for the petitioner Mr. Arnab Chatterjee, Ms. Diksha Ghosh ....for the State In compliance with our order dated May 2, 2024, State intimated the de facto complainant as to the pendency of the proceeding.

None appears for the de facto complainant despite such intimation.

Police filed charge-sheet.

The statement recorded under Section 164 of the Criminal Procedure Code is exonerative in nature. In such circumstances, 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 Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 7 th of May 2024 04:09:52 PM

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 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) 1565 of 2024 is disposed of.

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