Nirban Das v. State Of West Bengal

22.09.2020 Sl. No.39 akd [ALLOWED] C. R. M. 7033 of 2020 [via video conferencing] (CRAN 1 of 2020) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No.

of dated 20.05.2020 under Sections 417/376/506/34 of the Indian Penal Code.

And In Re: Nirban Das ... ... Petitioner Mr. Mounick Ghosh .. Advocate ... ... for the petitioner Mr. Goutam Wilson .. Advocate ... ... for the State Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing. The application being CRAN 1 of 2020 is accordingly, disposed of.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that the victim was a major lady at the time of cohabitation, we are of the opinion that custodial interrogation of the accused/petitioner is not necessary in the facts of the present case and he may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Nirban Das, 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 be 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.

All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Kausik Chanda, J.) (Joymalya Bagchi, J.)