Calcutta High CourtCRM (A)/2857/2023allowed

Loknath Barman v. State Of West Bengal

2023-08-07Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2857 of 2023 07.08.2023 ML. 90 Court No. 29 Sourav/NKB (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 626 of 2023 dated 19.06.2023 under Sections 376/417/406/506/120B/34 IPC.

And In the matter of: Loknath Barman ....petitioner.

Ms. Sananda Bhattacharyya ...for the petitioner.

Mr. S. G. Mukherji, Ld. PP Mr. Aniket Mitra Ms. Jonaki Saha ...for the State.

1. Heard learned Counsel for the parties.

2. This is a case of consensual relationship between a widow and a young man and when the petitioner has declined marriage, the present FIR has been filed.

3. Considered the materials placed by the learned counsel for the State including the statement of the victim recorded under Section 164 Cr.P.C.

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 his 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 conditions that:

i) the petitioner is directed to appear before the I.O.

once in a week 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) 2857 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.)