Shyamal Das v. State Of West Bengal

C.R.M. (A) 3265 of 2023 21.09.2023 SL. 4 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 Kharagpur Local Police Station Case No. 46 of 2023 dated 09.01.2023 under Sections 341/323/354/506/34 adding Section 376/511 of the IPC.

And In the matter of: Shyamal Das ....petitioner.

Mr. Kunal Ganguly ...for the petitioner.

Mr. Sujan Chatterjee ...for the State.

1. Heard learned Counsel for both the parties.

2. Considered the materials placed before us including the statement of the victim recorded under Section 164 Cr.P.C. There is stated to be case and counter case between the parties. From the statement of the victim, we find allegation under Section 376/511 IPC at the fringe.

3. Regard being had to such facts and submissions, 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 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 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.

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.

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

7. The application being CRM (A) 3265 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)