Shyamali Ghosh@Swapna Ghosh v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE 27.02.2023. C.R.M. (A) 118 of 2023 168/tkm In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Alipurduar Women P.S case no.

of dated 7.1.2023 under sections 448/376(2)(n)/417/506/509/34 of the IPC and Allowed In Re : Shyamali Ghosh @Swapna Ghosh ..... petitioner Mr. A Saha ...... for the petitioner Mr. Ujjwal Lukcom Mr. Sourav Ganguly ...... for the State We have considered the materials on record. Victim is a major lady. There was prior acquaintance between the parties. Allegation of forcible rape requires to be assessed in the light of the aforesaid circumstances during trial.

In view of the aforesaid facts, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioners 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, 1973.

Petitioner shall appear before the court below and pray for regular bail within four weeks from date. The application being CRM (A) 118 of 2023 is disposed of. (Subhendu Samanta,J.) (Joymalya Bagchi, J.)