Kangan Sarkar@Kankan Sarkar v. State Of West Bengal

04.11.2022 Serial no. 13 [Dd] (Anticipatory bail) Allowed) CRM (A) 5062 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Habibpur Police Station Case No. 238 of 2022 dated 19.07.2022 under Sections 417/376 of the Indian Penal Code (G.R. Case No. 4456/2022) -AndIn the matter of : Kangkan Sarkar @ Kankan Sarkar ... ... Petitioner Ms. Minoti Gomes, Mr. Musharraf Alam Sk., Advocates ... ... For the Petitioner Mr. Imran Ali Ms. Debjani Sahu, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statements of the victim recorded under Section 164 of the Criminal Procedure Code.

Both the victim and the petitioner are adults. They are obviously aware of the consequences of their relationship. The victim in her statement recorded under Section 164 of the Criminal Procedure Code claims that there was an existing relationship between both of them.

In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 5062 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)