Ramesh Singha Roy@ Gopal v. State Of West Bengal

04.01.2022 Serial no.8 Aloke (Through Video Conference) Ct. No. 29 CRM 8919 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 21.12.2021 in connection with Tamluk Police Station Case No. 49 of 2021 dated 19.01.2021 under Sections 363/366 of the Indian Penal Code.

-AndIn the matter of : Ramesh Singha Roy @ Gopal ... ...Petitioner Mr. Kayal Mukherjee, Advocate Mr. Surajit Basu, Advocate Mr. Bikash Chakraborty, Advocate ... ... For the Petitioner Mr. Imran Ali, Advocate Mr. M.F.A. Begg, Advocate ... ... For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the police complaint is a result of a previous relationship going sour. The petitioner was falsely implicated. In any event the police filed charge-sheet, therefore, custodial interrogation of the petitioner is not required. Learned Advocate appearing for the State draws the attention of the contents in the statement recorded under Section 164 of the Code of Criminal Procedure. Considering the gravity of the offence and the complicity of the petitioner therein and considering the statement recorded under Section 164 of the Code of Criminal Procedure of the victim girl and considering the fact that the police filed charge-sheet, we are inclined to 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/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down

under Section 438(2) of the Code of Criminal Procedure, 1973 and with a further condition that the petitioner shall appear before the Court below and pray for regular bail within four weeks from date and on further condition that the petitioner shall appear before the Court below on every date fixed for hearing.

In the event, the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the anticipatory bail of the petitioner in accordance with law without further reference to this Court.

The prayer for anticipatory bail is allowed.

CRM 8919 of 2021 is disposed of.

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