Calcutta High CourtCRM (A)/4182/2023allowed

Chanchal Ghosh @ Santanu Ghosh v. State Of West Bengal

2023-10-13Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

13.10.2023 D/L 24 Ct. No.25 (Allowed) (SKB) CRM (A) 4182 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kotwali P. S. Case No.758 of 2023 dated 14.08.2023 under Sections 417/376 of the Indian Penal Code in S. L. No.3705 of 2023.

In the matter of : Chanchal Ghosh @ Santanu Ghosh ... Petitioner Mr. Ashok Das, Mr. Amanul Islam, Mr. Sourav Mukherjee ... for the petitioner Mr. Imran Ali, Ms. Sutapa Banerjee ... for the State

1. Heard learned counsel for the parties.

2. Both the victim and the petitioner are major. From the statement of the victim recorded under Section 164 Cr.P.C., it is clear that there was consensual physical relationship between the victim and the petitioner after their interaction with each other on facebook. Discovering that the petitioner is a married man with a grown up daughter, the present FIR has been filed.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, 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 S.L. Case

No.3705 of 2023 arising out of the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition:

i) The petitioner is directed to appear before the IO once in a week on the day and time fixed by the IO for the purpose of investigation till submission of Final Form. ii) The petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

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

5. Within 21 days from today petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The applications being CRM(A) 4182 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

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