Calcutta High CourtCRM (A)/3915/2023allowed

Debidas Ray v. State Of West Bengal

2023-09-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3915 of 2023 25.09.2023 SL. 19 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 Chatterjeehat Police Station Case No. 78 of 2023 dated 04.05.2023 under Sections 420/ 406/ 448/ 341/ 323/ 307/ 379/354B/376/506(II)/34 of the IPC.

And In the matter of: Dr. Debidas Ray ....petitioner.

Mr. Sayantan Adhya Ms. Malabika Saha ...for the petitioner.

Mr. P. K. Datta Mr. Santanu Deb Roy ...for the State.

1. Heard learned Counsel for both the parties.

2. The present petitioner is the father of the principal accused who is stated to have been enlarged on regular bail in the meantime. It is also admitted that the present petitioner is 91 years old.

3. We also heard the informant present in person. She submits that the only allegation against the present petitioner is that she abused the informant in filthy languages and threatened her to finish her practice and spoil her career.

4. The investigation is stated to have been progressed substantially.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, old age of the petitioner, the fact that the petitioner is only a resident of Vellore which is very far from the Kolkata 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.

6. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

7. 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.

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

9. The application being CRM (A) 3915 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)