Buddha Pal @ Buddha Paul @ Budhya Paul v. State Of West Bengal

12.07.2023 (D/L 27) Ct. No.29 Allowed (SKB) CRM (A) 2747 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Patiram P.S. Case No.101 of 2023 dated 06.06.2023 under Sections 448/376/511/323/34 of the Indian Penal Code.

In the matter of : Buddha Pal @ Buddha Paul @ Budhya Paul ... Petitioner Mr. Arup Sarkar, Mrs. Roma Roy, Ms. Sabnam Laskar ... for the petitioner Mr. Anwar Hossain, Ms. Manisha Sharma ... for the State

1. Heard the learned Counsel for the parties. Investigation is stated to have progressed substantially.

2. There is stated to be case and counter case between the parties. The first FIR is stated to have been lodged by the wife of the present petitioner. Statement of the victim recorded under Section 164 Cr.P.C. makes out a case of indecent assault but no prima facie case under Section 376 read with 511 IPC is made out against the petitioner.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation 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 fortnight on the day and time fixed by the I.O. till submission of final form.

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

5. The application being CRM(A) 2747 of 2023 is disposed of.

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

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