Brajen Das@Brojen Das v. State Of West Bengal

C.R.M. (A) 2223 of 2023 13.06.2023 Sl. 96 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with English Bazar Police Station Case No. 1857 of 2022 dated 13.12.2022 under Sections 341/325/376/506/34 of the IPC, 1860 read with Section 307 of the IPC, 1860 (G.R. case No. 7734/2022). And In the matter of: Brajen Das @ Brojen Das ....petitioner.

Mr. Avinaba Patra ...for the petitioner.

Mr. Avishek Sinha ...for the State.

1. Heard learned Counsel for both the parties.

2. Considered the materials placed by learned Counsel for the parties including the statement of the victim wherein the victim has stated that in course of swimming by the petitioner and the victim the petitioner tried to disrobe the victim with a view to commit indecent act. At the time of occurrence the victim was wearing a sari. The investigation is stated to have progressed substantially.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and substantial progress in the investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest on such terms and conditions as deemed just and proper in the facts and circumstances of the case in connection with English Bazar P.S. case No. 1857 of 2022 dated 13.12.2022 including the condition that the petitioner shall appear before the I.O. once in a week on the day and time fixed by the I.O. till the submission of the Final

Form.

4. Within 3 weeks of the receipt of server copy or certified copy of this order, the petitioner is directed to appear before the I.O. alongwith a copy of such order.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. The application being CRM (A) 2223 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)