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Calcutta High CourtCRM/6878/2021allowed

Rajesh Tudu v. State Of West Bengal

2021-10-28Hon'Ble Justice Moushumi Bhattacharya,Hon'Ble Justice Aniruddha Roy2 pages

28.10.2021 ns / RP Court No.8 C.R.M. 6878 of 2021 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Balurghat P.S. Case No.465 / 2021 dated 27.08.2021 under sections 417/376/34 of the Indian Penal Code.

And In the matter of : Rajesh Tudu

...Petitioner.

Mr. Kaustav Bagchi, Mr. Arup Sarkar, Mr. Debayan Ghosh .... for petitioner.

Mr. Narayan Prasad Agarwala, Mr. Pratick Bose ... for State.

Since the statement of the complainant under Section 164 of the Code of Criminal Procedure, 1973 shows that there was relationship between the petitioner and the complainant and further that both the parties are adults, we are inclined to allow the application for anticipatory bail. We also take into account that four of the co-accused have already been given anticipatory bail by a Learned Court below.

In the event of arrest, the petitioner shall be released on anticipatory bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount, one of whom shall be of local resident to the satisfaction of the Arresting Officer. The

petitioner shall be subject to the conditions of section 438(2) of the Code of Criminal Procedure, 1973 and shall be made himself available for questioning before the Enquiry Officer, as and when required.

C.R.M. 6878 of 2021 is accordingly allowed and disposed of in terms of the above.

(Moushumi Bhattacharya , J.) (Aniruddha Roy, J.)