Sumit Choudhury v. State Of West Bengal

C.R.M. (A) 5271 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhadreswar Police Station Case No. 456 of 2022 dated 28.08.2022 under Sections 376/417/323/506/509/34 of the Indian Penal Code. And In the matter of: Sumit Choudhury ....petitioner.

Mr. Suman Chakraborty ...for the petitioner.

Mr. Sudip Kumar ...for the State.

Petitioner prays for anticipatory bail.

17.11.2022 Sl.38 Court No.29 (AD) (Allowed) The petitioner and the victim are adults.

Co-accuseds were granted anticipatory bail by the order dated September 29, 2022 passed in CRM (A) 4742 of 2022. The statement of the victim recorded under Section 164 of the Code of Criminal Procedure claims that there was a previous relationship between them.

In such circumstances, we 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once a fortnight till the conclusion of the investigation and on 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.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 5271 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)