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Calcutta High CourtCRM/7353/2020allowed

Subrata Mahato v. State Of West Bengal

2020-10-01Hon'Ble Justice Sanjib Banerjee,Hon'Ble Justice Aniruddha Roy2 pages

ADDL.39.

October 1, 2020.

SG CRM 7353 of 2020 with CRAN 1 of 2020 In Re. An application for bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No.218 of 2020 dated 10.09.2020 under Sections 363/366/376 of the Indian Penal Code.

In the matter of: Subrata Mahato ...petitioner.

Mr Amanul Islam ... for the petitioner.

Mr Partha Pratim Das ... for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. The petitioner claims that the alleged victim and the petitioner were involved in a relationship and there was no question of the petitioner abducting or kidnapping any person.

The State relies on the statement of the complainant recorded under Section 164 of the Code that gives some form of an excuse.

Considering the entire material, the custodial interrogation of the petitioner does not seem to be necessary at this stage.

In the event of arrest, the petitioner is directed to be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer. The petitioner will also abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 7353 of 2020 and CRAN 1 of 2020 are disposed of. ( Sanjib Banerjee, J. ) ( Aniruddha Roy, J. )