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Calcutta High CourtCRM (A)/6081/2022allowed

Tonik Sk v. State Of West Bengal

2023-01-02Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 6081 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Suti Police Station Case No. 545 of 2022 dated 17.10.2022 under Sections 417/376 of the Indian Penal Code.

And In the matter of: Tonik Sk ....petitioner.

Ms. Sreyashee Biswas Ms. Benajir Hasna ...for the petitioner.

Mr. Debabrata Chatterjee Ms. Mausumi Sarkar ...for the State.

Petitioner prays for anticipatory bail.

02.01.2023 Sl.111 Court No.29 (AD) (Allowed) The victim in her statement recorded under Section 164 of the Code of Criminal Procedure acknowledges that the victim and the petitioner were in a relationship.

Both the victim and the petitioner are adults. They are supposed to be aware of the consequences of the relationship.

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

month 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) 6081 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)