Asim Poddar v. State Of West Bengal And ANR

20.09.2024 SL No.16 Court No.29 (s.biswas) (Allowed) CRM (A) 3397 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 Karimpur Police Station Case No.123 of 2024 dated 26.06.2024 under Sections 448/376/506 of the Indian Penal Code. And In the matter of : Asim Poddar - Petitioner.

Ms. Minoti Gomes Mr. Asraf Mondal ....For the Petitioner.

Mr. Soumik Ganguly Ms. Trisha Rakshit ... For the State.

Mr. Md. Boni Israil ... For the de facto complainant.

1.

Heard the learned Counsel for the parties.

2. It is submitted that the petitioner and the victim are getting married soon.

3. The learned counsel for the de facto complainant has submitted that the affidavit of the victim at page 10 of the petition is genuine and the statement of made therein are correct. 4.

The learned Counsel for the State submits that the petitioner refused medical examination.

5.

Be that as it may, in view of the submissions made on behalf of the respective parties, we do not want to disturb the settlement arrived at between them. Hence, we are of the view that custodial interrogation of the petitioner is not required. 6.

Accordingly, we direct that in the event of arrest, the petitioner namely, Asim Poddar, shall be released on bail upon furnishing a Signed By :

SAMIR BISWAS High Court of Calcutta 20 th of September 2024 05:50:35 PM

bond of Rs.2,000/-, with one surety 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 petitioner shall meet the I.O. as and when required till the submission of the final report. 7.

It is further directed that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Tehatta, Nadia in connection with SL No.1329 of 2024 within two weeks from date.

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

9. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

SAMIR BISWAS High Court of Calcutta 20 th of September 2024 05:50:35 PM