Arpan Bera v. State Of West Bengal

30.11.2022 Serial no.38 Aloke CRM (A) 5556 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 27 of 2021 dated 08.01.2021 under Sections 363/365/34 of the Indian Penal Code.

-AndIn the matter of : Arpan Bera ... ... Petitioner Mr. Prabir Majumder, Advocate Mr. Snehansu Majumder, Advocate ... ... For the Petitioner Mr. Soumik Ganguli, Advocate ... ...For the State Petitioner seeks anticipatory bail.

The victim in her statement recorded under Section 164 of the Code of Criminal Procedure states that she went voluntarily subsequent to an altercation at her paternal home. Considering the gravity of the offence and the involvement of the petitioner therein and considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, 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 condition that the petitioner will report before the Investigating Officer as and when called for 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) 5556 of 2022 is disposed of.

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