Sanjay Ray v. State Of West Bengal

24.08.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4050 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Banshihari Police Station Case No. 163 of 2022 dated 08.07.2022 under Sections 417/376/342/323/34 of the Indian Penal Code, 1860.

And In Re : Sanjay Roy ...... petitioner Mr. Sajal Kanti Bhattacharya ....for the petitioner Mr. Sujan Chatterjee ....for the State The statement of the victim recorded under Section 164 of the Code of Criminal Procedure acknowledges the relationship between the victim and the brother of the petitioner. Both the victim and the brother of the petitioner are adults.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall meet the Investigating Officer once a month till

the conclusion of the investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)