Sankar Sen v. State Of West Bengal

C.R.M. (A) 2554 of 2023 02.08.2023 SL. 15 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 Mohanpur Police Station Case No. 100 of 2023 dated 16.04.2023 under Sections 376/417 of the IPC. And In the matter of: Sankar Sen ....petitioner.

Mr. Pravas Bhattacharyya ...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. This is a case of consensual relationship between two major male and female for about seven years and breakup.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of offence, nature of evidence and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the 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) 2554 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)