Calcutta High CourtCRM (A)/3065/2022allowed

Utpal Das @Kanai v. State Of West Bengal

2022-06-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. (A) 3065 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Krishnaganj Police Station Case No. 19 of 2022 dated 24.01.2022 under Sections 363/365/342/376/379/506 of the Indian Penal Code. And In the matter of: Utpal Das @ Kanai ....petitioner.

Mr. Prabir Majumder Mr. Snehansu Majumder ...for the petitioner.

Mr. Joydeep Roy Mr. Amanul Islam ...for the State.

29.06.2022 Sl. 69 Court No.29 (AD) (Allowed) Petitioner prays for anticipatory bail.

Learned Advocate appearing for the petitioner submits that the present police complaint is a result of a previous relationship turning sour. Both the persons are adults. The complaint was lodged 40 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 victim is an adult.

In her statement recorded under Section 164 of the Code of Criminal Procedure, the victim acknowledges a past relationship between her and the petitioner.

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 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) 3065 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)