Santu Pramanik v. State Of West Bengal

28.09.2020 SL No.29 AP CRM 6945 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 Panskura P.S. Case No.587/19 dated 14.12.2019 under Sections 376/506 of the Indian Penal Code.

And In the matter of: Santu Pramanik ....Petitioner.

Ms. Sayanti Santra ...for the Petitioner.

Mr. Binay Kumar Panda, Ms. Puspita Saha, ...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 there is inordinate delay in lodging first information report. Learned lawyer for the State opposes the prayer for anticipatory bail and produces the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.

We have considered the materials on record. There is delay in lodging first information report. An amorous relationship between the parties is evident from the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. In view of the aforesaid facts, 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.)