Calcutta High CourtCRM (A)/4302/2023allowed

Sanjit Halder v. State Of West Bengal

2023-11-20Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4302 of 2023 20.11.2023 SL. 23 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bagdah Police Station Case No. 689 of 2023 dated 13.09.2023 under Sections 417/376/325/34 IPC (corresponding to G.R. Case No. 3021 of 2023).

And In the matter of: Sanjit Halder ....petitioner.

Mr. Susnigdho Bhattacharyya ...for the petitioner.

Mr. Pravash Bhattacharya Ms. Kum Kum Mitra ...for the State.

1. Heard learned Counsel for the parties.

2. From the materials as collected in course of investigation, it reveals that the present petitioner and the informant lady (though married) were in a consensual physical relationship since 2018 to 2023. Though according to the informant, such relationship grew up on account of a false promise of marriage given by the present petitioner, in our considered view, the same can best be decided by the learned Trial Court on evidence in trial.

3. Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that petitioner shall be released on bail in the event of his arrest by the Arresting Officer in 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 conditions that:

i) The petitioner is directed to appear before the I.O. once in a week on the day and time fixed by the I.O. for the purpose of investigation as and when required 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. 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.

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

6. The application being CRM (A) 4302 of 2023 is disposed of.

7. The I.O. is hereby directed to act upon the server copy of this order, if required.

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