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Calcutta High CourtCRM (A)/2417/2023allowed

Bhaskar Sarkar v. State Of West Bengal

2023-07-13Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Apurba Sinha Ray3 pages

C.R.M. (A) 2417 of 2023 13.07.2023 ML. 26 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 Tehatta Police Station Case No. 393 of 2023 dated 18.05.2023 under Sections 376/511/325/506/34 of the IPC.

And In the matter of: Bhaskar Sarkar ....petitioner.

Ms. Minoti Gomes Mr. Amanul Islam Mr. Sourav Mukherjee ...for the petitioner.

Mr. Prasun Kumar Datta, APP Mr. Nirupam Dhali ...for the State.

1. Heard learned Counsel for both the parties.

2. Considered the materials placed by them including the statement of the victim recorded under Section 164 Cr.P.C.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation against him and especially the relationship between the victim and the petitioner being the sister-in-law and brother-in-law 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 the aforesaid P.S. case.

4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

5. Within 21 days from today the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

6. The application being CRM (A) 2417 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Apurba Sinha Ray, J.)