Calcutta High CourtCRM (A)/3078/2024allowed

Chaitanya Das And ANR v. The State Of West Bengal And ANR

2024-09-05Hon'Ble Justice Soumen Sen,Hon'Ble Justice Shampa Dutt (Paul)2 pages

05.09.2024 SL No.13 Court No.29 (gc) (Allowed) CRM (A) 3078 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Harirampur Police Station Case No.141 of 2024 dated 16.07.2024 under Sections 417/376/406/420/34 of the Indian Penal Code.

And In the matter of : Chaitanya Das & Anr.

- Petitioners.

Ms. Puspa Rani Jaiswara ....For the Petitioners.

Mr. Soumik Ganguly, Mr. Dipankar Paramanick ... For the State.

1. The petitioners are the parents of the paramour of the de facto complainant. It is submitted that they are innocent.

2. The learned Counsel for the State in opposing the prayer for anticipatory bail has referred to the statement of the victim and the medical report.

3. Considering the materials available in the case diary, the nature and extent of complicity of the petitioners in the commission of the alleged offence and having regard to the statement of the victim which does not implicate the present petitioners and also the medical report, moreover, we have taken into consideration that Amit Das, the principal accused is in custody, we are of the view that custodial interrogation of the petitioners is not necessary.

Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 6 th of September 2024 01:03:03 PM

4. Accordingly, we direct that in the event of arrest, the petitioners, namely, Chaitanya Das and Santana Das, shall be released on bail upon furnishing a bond of Rs.5,000/- each, with two registered 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 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioners shall meet the I.O. as and when required.

5. Accordingly, the application for anticipatory bail is disposed of.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Shampa Dutt (Paul), J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 6 th of September 2024 01:03:03 PM