Sanjay Das v. State Of West Bengal

24.11.2020 Sc CRM 8006 of 2020 (Via Video Conference) In Re: - An application for Anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tufanganj P.S. Case No. 567 of 2019 dated 23.09.2019 under Sections 447/376/511/506 of the Indian Penal Code.

And In the matter of: Sanjay Das ....Petitioner.

Ms. Arpita Saha Podder Mr. Hillol Saha Podder.

...for the Petitioner.

Mr. Arun Sarkar Mr. Abhijit Sarkar.

...for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within one week 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 defacto complainant imagined that the petitioner was interested in ravishing her and lodged a completely false complaint.

The State says that according to the defacto complainant, the petitioner entered into her residence in the absence of her husband and attempted to rape her.

Considering the circumstances and the complaint, the immediate arrest of the petitioner may not be necessary. However, the petitioner must not contact the complainant till the investigation is completed or the trial is over, in the event charges are pressed, whichever is later.

Subject to the above, in the event of arrest, the petitioner will be enlarged on bail on furnishing security of Rs. 10,000/- (Rupees ten thousand) with two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer. The petitioner will abide by the conditions laid down in Section 438(2) of the Code. CRM 8006 of 2020 is disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)