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Calcutta High CourtCRM (A)/4109/2023allowed

Sudip Pradhan v. State Of West Bengal

2023-12-11Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4109 of 2023 11.12.2023 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 Nandigram P.S. Case No. 1423 of 2022 dated 06.11.2022 under Sections 363/365 IPC and adding Sections 376(2)(b)/417/506 IPC corresponding to G.R. Case No. 2626 of 2022 pending before the learned ACJM, Haldia. And In the matter of: Sudip Pradhan ....petitioner.

Mr. Suman De Mr. Abhnaba Mukherjee ...for the petitioner.

Mr. Anand Farmania ...for the victim.

Mr. Abhra Mukherjee Mr. Dipankar Mahata ...for the State.

1.

Heard learned Counsel for both the parties.

2.

In a consensual romantic relationship between two majors, the petitioner is alleged to have exploited the relationship physically.

3.

The victim has appeared through Mr. Anand Farmania, learned Counsel.

4.

It is submitted by learned Counsel for the victim that the victim having married elsewhere and she being in a state of peace does not want to proceed further in the case and the petitioner should not also disturb her peace.

5.

Regard being had to facts and submissions, factum of permanent residence of the petitioner, nature of allegation and completion of investigation, it is directed that the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Haldia within 15 days from today in the G.R. case No. 2626 of 2022 arising out of aforesaid P.S. case.

6.

On his appearance and application for bail the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that:

i) The petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

7.

The learned ACJM, Haldia is directed to act upon the server copy of this order, if required.

8.

Accordingly, the prayer for the anticipatory bail is allowed. 9.

The application being CRM (A) 4109 of 2023 is disposed of.

10. Before parting with the order, we make it clear that the petitioner shall not in any way establish any contact with the victim and shall not disturb her peaceful marital life either directly or indirectly.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)