Calcutta High CourtCRM (A)/2746/2023allowed

Tanuj Jain v. State Of West Bengal

2023-08-08Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2746 of 2023 08.08.2023 SL. 9 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harischandrapur Police Station Case No. 444 of 2023 dated 18.05.2023 under Sections 417/376/419/354(C)/354(D)/506 of the IPC.

And In the matter of: Tanuj Jain ....petitioner.

Mr. Ajay Debnath Mr. Pradip Kar Mr. D. Das Mr. U. Mukherjee ...for the petitioner.

Mr. Swapan Banerjee Mr. Suman De ...for the State.

1. Heard learned Counsel for the parties.

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

3. There was consensual relationship between the parties and they were in a live-in relationship. The FIR has been filed after dissension started between them and there is also allegation of physical torture etc.

4. Investigation is stated to have progressed substantially.

5. Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation and substantial progress in investigation, it is directed that the petitioner shall be released on bail in the event of their arrest by the Arresting Officer in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the fact that:

i) the petitioner is directed to appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.

ii) the petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

6. The petitioner is directed to appear before the I.O. within 21 days from today along with a server copy or certified copy of this order.

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

8. The application being CRM (A) 2746 of 2023 is disposed of.

9. The I.O. is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)