Chinmoy Sen v. State Of West Bengal

08.07.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3244 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Rampurhat Police Station Case No. 149 of 2022 dated 10.03.2022 under Sections 417/376/506/34 of the Indian Penal Code, 1860.

And In Re : Sri Chinmoy Sen ...... petitioner Mr. Sandipan Ganguly ....for the petitioner Mr. Tanmoy Kumar Ghosh Mr. J. P. Chatterjee Mr. Arindam Sen ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the medical examination report of the victim as well as her statement recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.).

In her statement, the victim acknowledges the relationship between her and the petitioner.

Considering the materials in case diary and the 164 Cr.P.C. statement of the victim, 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/-, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall meet the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioner shall appear on every date 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)