Dipendu Das v. The State Of West Bengal And ANR

10.12.2024 Ct. No. 28 SG [ALLOWED] C. R. M. (A) 4113 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tamluk Police Station Case No. 883 of 2024 (G.R. Case No. 3284/24) dated 08.10.2024 under Sections 85/69/318(2)/351(2) of the Bharatiya Nyaya Sanhita, 2023. In Re: Dipendu Das.

... ... Petitioner Mr. Apalak Basu, Mr. Sourat Nandy.

...... for the petitioner Mr. Ranabir Roy Chowdhury, Ms. Trina Mitra.

...... for the State Ms. Tannistha Bandyopadhyay.

....for the victim 1.

Petitioner submits there was consensual relationship between two married adults. He has been falsely implicated. He prays for anticipatory bail.

2.

Learned Advocate for the State submits on the assurance of giving employment petitioner cohabited with the victim. 3.

Learned Advocate for the de facto complainant/victim submits the victim was blackmailed and attacked on a number of occasions.

4.

We have considered the materials on record including the statement of the victim. Victim stated they had a relationship for over three years. Exchanges on social media also show intimate association between the parties. Whether the victim had cohabited out of love or due the deception requires to be assessed at the appropriate stage of the proceeding. Signed By :

SOURAV GHOSH High Court of Calcutta 11 th of December 2024 04:09:12 PM

5.

In light of the aforesaid facts, we are of the opinion his custodial interrogation is not necessary and he may be granted anticipatory bail.

6.

Accordingly, we direct that in the event of arrest, the petitioner viz., Dipendu Das be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition petitioner while on bail shall meet the Investigating Officer once in a week until further orders. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

7.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SOURAV GHOSH High Court of Calcutta 11 th of December 2024 04:09:12 PM