Calcutta High CourtCRM/8863/2021allowed

Dipak Verma @ Dipu v. State Of West Bengal

2021-12-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. 8863 of 2021 (Via Video Conference) (AD) 24.12.2021 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhadreswar P.S. Case No. 443 of 2021 dated 13/10/2021 under Sections 341/323/325/354/379/506/509/34 of the Indian Penal Code, 1860 and under Sections 12/18 of the Protection of Children from Sexual Violence Act, 2012.

And In the matter of: Sri Dipak Verma @ Dipu ....petitioner.

Mr. Pawan Kumar Gupta Ms. Sofia Nesar Mr. Santanu Sett ...for the petitioner.

Mr. Madhusudan Sur, Ld. APP Mr. Rudradipta Nandy ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated due to the enmity between the two neighbours.

Learned Advocate appearing for the State refers to the contents in the case diary, the injury report and the statement of the injured.

In reply to a query from the Court, he submits that statement under Section 164 of the Code of Criminal Procedure was not recorded.

Considering the gravity of the offence, the involvement of the petitioner in the incident, the possibility of the petitioner being implicated due to the enmity between the two neighbours cannot be ruled out. Consequently, 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 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 that he shall appear before the jurisdictional Court and pray for regular bail within four weeks from date.

The application for anticipatory bail being C.R.M. 8863 of 2021 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)