Uttam Sarkar v. State Of West Bengal And ANR

09.01.2025 sdas Allowed C.R.M. (A) No. 4603 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Gazole Police Station Case No. 906 of 2024 dated 14.10.2024 under Sections 69/351(2)/3(5) of the BNS. And In Re : Uttam Sarkar ..... petitioner Mr. Kazi M. Rahman .....for the petitioner Mr. Partha Pratim Das Mr. Debarshi Brahma ....for the State 1.

Heard the learned advocates for the parties.

2.

We have considered the materials on record including statement of the victim. She is a major lady. There was romantic relationship between the parties. Allegation of forcible rape on 07.10.2024 appears to be improbable in light of free mixing between the parties earlier. Whether cohabitation was out of love or on false promise of marriage has to be assessed at the appropriate stage of proceeding. Keeping in mind this fact we are inclined to grant anticipatory bail to the petitioner.

3. 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 Signed By :

SHANTANU DAS High Court of Calcutta 13 th of January 2025 12:11:38 PM

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 condition that he shall meet the investigating officer once in a week until further orders.

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

SHANTANU DAS High Court of Calcutta 13 th of January 2025 12:11:38 PM