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Calcutta High CourtCRM/10243/2020allowed

Golak Das @ Golak Nath Das v. State Of West Bengal

2020-12-11Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

11.12.2020.

85.

as (Allowed).

C.R.M. 10243 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sagarpara P. S. Case No.99 of 2020 dated 05.10.2020 under Sections 363/366/34 of the Indian Penal Code. In the matter of : Golak Das @ Golak Nath Das. ... Petitioner.

Mr. Tapodip Gupta.

...for the Petitioner.

Mr. Saswata Gopal Mukherjee, ld. P.P., Mr. Aniket Mitra.

.....for the State.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioner that the victim had voluntarily accompanied him and both of them were staying together.

Learned Advocate appearing for the State opposes the prayer for anticipatory bail and produces the Case Diary. We have considered the materials on record. Allegation of abduction/kidnapping is to be assessed in the light of the aforesaid submission made on behalf of the petitioner which is also corroborated by statements recorded during investigation. In view of the aforesaid facts, we are inclined in granting anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner, viz., Golak Das @ Golak Nath Das shall be released

on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. This application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh,J.) (Joymalya Bagchi, J.)