Sampad Roy v. State Of West Bengal And ANR

17.06.2022 cm/ct 28 C.R.M.(A) 2855 of 2022 sl no. 159 In Re : An application for Anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Hasnabad P.S. Case No. 278 of 2022 dated 03.06.2022 under Sections 417/376/34 of the Indian Penal Code, 1860.

And Allowed In Re : Sampad Roy ..... petitioner Mr. Sumanta Chakraborty ...... for the petitioner Mr. Avishek Sinha ...... for the State Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that 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 petitioner may not be necessary and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- 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.

Petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM (A) No. 2855 of 2022 is disposed of.

( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)