Sumit Bhowmik @ Bhaumik v. State Of West Bengal And ANR
19.12.2024 sdas Allowed C.R.M. (A) No. 4319 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Nanda Kumar Police Station Case No. 536 of 2024 dated 30.08.2024 under Sections 376/417/493/406/506/509 of the Indian Penal Code.
And In Re : Sumit Bhowmik @ Bhaumik ..... petitioner Mr. Milan Mukherjee, Sr. Adv.
Mr. Dattatreya Dutta .....for the petitioner Mr. Bitashok Banerjee Mr. Debanik Das ....for the State 1.
Learned Senior Advocate for the petitioner submits there was a romantic relationship between the parties. He has been falsely implicated. He prays for anticipatory bail. 2.
Learned Counsel for the State opposes the prayer for anticipatory bail.
3.
Inspite of notice nobody appears for the victim. 4.
We have considered the materials on record including statement of the victim. She stated she got acquainted with the petitioner on a social networking site. Petitioner is a BSF personnel. He cohabited with her. He had also threatened to upload her obscene pictures on the internet. However, no electronic evidence with regard to obscene pictures is placed on record. Under such circumstances, we are of the Signed By :
SHANTANU DAS High Court of Calcutta 20 th of December 2024 05:33:03 PM
opinion custodial interrogation for progress of investigation is not necessary but petitioner requires to co-operate with investigation in accordance with law.
5. Accordingly, we direct that in the event of arrest the petitioner shall 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 be subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and on condition that he shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date and on further conditions that he shall hand-over mobile phone owned by him or in his control for forensic analysis and report to the investigating officer once in a week until further orders.
6. The application for anticipatory bail is, thus, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :
SHANTANU DAS High Court of Calcutta 20 th of December 2024 05:33:03 PM