Calcutta High CourtCRM (A)/4415/2023allowed

Sourav Tarafdar v. State Of West Bengal And ANR

2023-11-22Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (A) 4415 of 2023 22.11.2023 SL. 31 Court No. 29 ss/SD (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chakdah Police Station Case No. 541 of 2023 dated 06.8.2023 under Sections 417/376/354C/323/325/354/379/506/34 IPC. And In the matter of: Sourav Tarafdar ....petitioner.

Ms. Rupsa Sreemani ...for the petitioner.

Mr. Debabrata Chatterjee Mr. Santanu Chatterjee ... for the State.

1. Affidavit of service filed by the petitioner in Court today be kept with the record.

2. Heard learned Counsel for the parties.

3. Both the petitioner and the victim are major. They entered into a consensual sexual relationship being cognizant of the fact that the victim is a divorcee with a son of 10 years old and they visited two different lodges for the said purpose.

4. Investigation is stated to have progressed substantially.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Kalyani, Nadia within 15 days from today. On his appearance and application for bail, he 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 the

petitioner is directed to appear before the I.O. once in a week on the day and time fixed by the IO for the purpose of investigation till submission of Final Form. The petitioner shall not use any obscene photographs of the victim in any manner whatsoever in any platform including the social media.

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

7. The application being CRM (A) 4415 of 2023 is disposed of.

8. Learned Additional Chief Judicial Magistrate, Kalyani, Nadia, is hereby directed to act upon the server copy of this order, if required.

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