Calcutta High CourtCRM (A)/5680/2023allowed

Rinku Pal And ORS v. State Of West Bengal

2024-02-20Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 5680 of 2023 20.02.2024 ML.597 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Joypur Police Station Case No.298 of 2023 dated 13.12.2023 under Sections 341/325/354B/506/34 of the Indian Penal Code, 1860. (G.R. Case No.1537 of 2023).

And In the matter of: Rinku Pal & Ors.

....petitioners.

Mr. Siddhartha Sarkar ...for the petitioners.

Mr. Bitasok Banerjee ... for the State.

Apparently, there are long pending civil disputes between the private parties.

There are orders passed by the Writ Court.

Apparently, an incident of assault took place. Ladies were involved in such incident. Therefore, whether, the outraging of modesty of a lady took place in such incident of assault or not, may be decided at the trial.

Consequently, we grant anticipatory bail to the petitioners. Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 nos.2 to 5 will report before the Investigating Officer once a month till the conclusion of the investigation and petitioner no.1 will cooperate with the investigation till the conclusion of the investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 5680 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)