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Calcutta High CourtCRM (A)/4780/2023allowed

Raj Kumar Das v. State Of West Bengal And ANR

2023-12-19Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Ajay Kumar Gupta2 pages

19.12.2023 (M/L 91) Ct. No.29 (Allowed) (SKB) CRM (A) 4780 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Harishchandrapur P. S. Case No.376 of 2023 dated 30.04.2023 under Sections 341/376D/506 of the Indian Penal Code (G.R. Case No.1174 of 2023).

In the matter of : Raj Kumar Das ... Petitioner Mr. Soupal Chatterjee, Mr. Anupam Das, Ms. Sucheta Banerjee ... for the petitioner Md. Anwar Hossain, Ms. Sreyashee Biswas ... for the State

1. Heard learned counsel for the parties.

2. It is fairly submitted at the Bar that the victim has refused medical examination and in her statement recorded under Section 164 Cr.P.C., she has completely exonerated the present petitioner.

3. 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 be released on bail by the Arresting Officer in the event of his arrest in the G.R. Case No.1174 of 2023 arising out of the aforesaid P.S. case on such terms and conditions as

deemed just and proper in the facts and circumstances of the case.

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

5. 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.

6. The application being CRM(A) 4780 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

(Chitta Ranjan Dash, J.) (Ajay Kumar Gupta, J.)