Asish Kumar Mondal v. State Of West Bengal

13.07.2023 (M/L 48) Ct. No.29 Allowed (SKB) CRM (A) 2442 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Debra P.S. Case No.198 of 2023 dated 08.04.2023 under Sections 417/376/323/506/509 of the Indian Penal Code.

In the matter of : Asish Kumar Mondal ... Petitioner Mr. Biswajit Manna ... for the petitioner Mr. Arindam Jana, Mr. Apurba Kumar Chakraborty, Miss Atreyee Halder ... for the defacto complainant Mr. Abhra Mukherjee, Mr. Dipankar Mahata ... for the State

1. Vakalatnama filed by the learned counsel for the defacto complainant/informant is taken on record.

2. Heard the learned Counsel for the parties.

3. It is submitted by Mr. Manna learned counsel for the petitioner that both the petitioner and the victim being major entered into consensual sexual relationship knowing the consequence of such relationship.

4. Learned counsel for the State Mr. Mukherjee being assisted by Mr. Jana learned counsel for the informant submits that the victim was given to understand that the petitioner is not married and she, however, entered into

the relationship being a major. The investigation is stated to have progressed substantially. The petitioner is stated to be a Doctor/Physician and the victim is stated to be working in a polyclinic.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of offence, social status of the petitioner and substantial progress in the investigation, it is directed that the petitioner shall be released on bail in the event of his arrest by the Arresting Officer in the aforesaid police station case on such terms and conditions as deemed just and proper in the facts and circumstances of the case 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 submission of final form.

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

7. The application being CRM(A) 2442 of 2023 is disposed of.

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

(Chitta Ranjan Dash, J.) (Apurba Sinha Ray, J.)