Rakehs Sansmal Alias Rakesh Sasmal v. State Of West Bengal

24.11.2020 da.li jb.

CRM No. 7914 of 2020 (Via video conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Chinsurah Police Station Case No. 240 of 2020 dated 24.08.2020 registered for investigation into offences punishable under Sections 365 of the Indian Penal Code.

And In the matter of : Rakehs Sansmal @ Rakesh Sasmal ... Petitioner Mr. Prosenjit Mukherjee Mr. Saptarshi Chakraborty .. for the petitioner Mr. Prasun Kr. Datta Mr. Nirupam Dhali ..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. Subject to such undertaking, the application is taken up for hearing through video conference.

Having considered the submissions recorded under Section 164 of the Code of Criminal Procedure of the victim as well as the father of the victim exonerating the petitioner from any alleged offence, we feel that the custodial interrogation of the petitioner is not necessary.

Under such circumstances, we are inclined to allow the prayer for anticipatory bail of the petitioner. Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.5,000/-, with one surety of like amount, to the satisfaction of the arresting officer subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

Accordingly, the application for anticipatory bail being CRM 7914 of 2020 is allowed.

All parties are to act on a website copy of this order on the usual undertaking.

(Saugata Bhattacharyya, J.) (Soumen Sen, J.)