Anirban Paul v. State Of West Bengal

15.12.2020 tkm/ct 28 C.R.M. 10358 of 2020 sl no. 141 (via video conference) In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Krishnagunj P.S case 238 of 2020 dated 2.11.2020 under sections 417/420/376 of the IPC Allowed and In Re : Anirban Paul ...... petitioner Mr. T Nandy Mr. G K Basu ...... for the petitioner Mr. S Bapuli Mr. D Sengupta ...... for the State Iit is submitted on behalf of the petitioner that the allegation of forcible rape on repeated occasions are out and out false. It is further submitted that there was a relationship between the parties and he has been falsely implicated in the instant case. Learned lawyer for the State opposes the prayer for anticipatory bail.

Allegation of forcible rape may be assessed in the light of the submission relating to a free mixing between the parties for long. No contemporaneous complaint with regard to forcible rape was also lodged.

Hence, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner 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 also subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure,

1973and on further condition that the petitioner while on bail shall meet investigating officer once in a week until further orders. The application being CRM 10358 of 2020 is disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)