Calcutta High CourtCRM/6844/2020allowed

Sanjoy @Sanjay Ghosh v. State Of West Bengal

2020-09-28Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Kausik Chanda2 pages

28.09.2020 SL No.24 AP CRM 6844 of 2020 With IA No: CRAN 1 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Purba Barddhaman (Women) P.S. Case No.05 of 2020 dated 07.01.2020 under Sections 420/376 of the Indian Penal Code.

And In the matter of: Sanjoy @ Sanjay Ghosh ....Petitioner.

Mr. Malay Bhattacharyya ...for the Petitioner.

Mr. Sudip Ghosh, Mr. Bitasok Banerjee ...for the State.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being IA No: CRAN 1 of 2020 is disposed of.

It is submitted on behalf of the petitioner that a criminal case has been registered against the victim girl at the behest of the wife of the petitioner. In retaliation he has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail and produces the case diary.

We have considered the materials on record including the statement of the victim girl. She has spoken of sexual intercourse with the petitioner on false promise of marriage. In view of the aforesaid fact and as the victim is a major lady and a prior criminal case had been registered against her, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner 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 also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, thus, disposed of. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Kausik Chanda, J.) (Joymalya Bagchi, J.)