Arindam Singha v. State Of West Bengal And ANR

C.R.M. (A) 2882 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mothabari Police Station Case No. 218 of 2022 dated 30.05.2022 under Sections 448/376/506 of the Indian Penal Code. And In the matter of: Arindam Singha ....petitioner.

Mr. Mrityunjoy Chatterjee Mr. Debapriya Majumder ...for the petitioner.

Mr. Rudradipta Nandy Mr. Sekhar Barman ...for the State.

Mr. Biswajit Tiwari Md. Bani Israel ... for the de facto complainant.

24.06.2022 Sl. 6 Court No.29 (AD) (Allowed) Petitioner prays for anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. He highlights the fact that the police complaint was lodged 44 days after the alleged incident.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. The de facto complainant is represented.

Considering the materials in the case diary and the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and the delay in lodgment of the First Information Report, 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

like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioner shall appear every day 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.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 2882 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)