Kousik Saw@Show v. State Of West Bengal And ORS.

09.03.2021 Court No.28 Item No. 126 Krishnendu Allowed CRM 10822 of 2020 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Kousik Saw @ Show Petitioner Mr. Pravas Bhattacharya For the Petitioner Mr. Shiladitya Banerjee For the State Apprehending arrest in connection with Salboni P.S. Case No. 180 of 2020 dated 12.10.2020 under sections 417/376/506 of the Indian Penal Code, the petitioner has filed the present application.

Mr. Bhattacharya, learned advocate appearing for the petitioner submits that the de facto complainant willingly maintained a relationship with the petitioner, as would be evident from the contents of the complaint itself and in view of the nature of allegations, the custodial interrogation of the petitioner is not warranted.

The learned advocate appearing for the State opposes the petitioner's prayer for anticipatory bail and draws our attention to the statement of the victim lady, as recorded under section 164 of the Code of Criminal Procedure.

We have perused the contents of the complaint as well as the statement of the victim lady, as recorded under section 164 of the Code of Criminal Procedure. Prima facie, it appears that the victim lady had a relationship with the petitioner since the

year 2016. In view thereof and considering the nature of allegations, we are of the opinion that custodial interrogation of the petitioner is not warranted in the facts and circumstances of the case. As such, the prayer for anticipatory bail of the petitioner is allowed.

Accordingly, we direct that in the event of arrest the petitioner, namely, Kousik Saw @ Show, shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, 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. The petitioner shall, however, meet with the Investigating Officer as and when called for since charge sheet has not yet been submitted.

The application for anticipatory bail, being CRM No. 10822 of 2020 is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)