Chhoton Roy v. The State Of West Bengal

28.08.2020 SL No.90 Sdas Allowed CRM 5287 of 2020 with CRM 3011 of 2020 (via video conferencing) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dhupguri Police Station Case No. 61 of 2020 dated 14.02.2020 under Sections 493/376 of the Indian Penal Code.

In the matter of: Chhoton Roy ....Petitioner.

Ms. Jeenia Rudra ...for the Petitioner.

Mr. Niloy Chakraborty ...for the State.

Having considered the materials on record and in view of the submission of the learned Counsel appearing for the petitioner that the victim was a major consenting lady at the time of cohabitation, we are inclined to granting anticipatory bail to him. Accordingly, we direct that in the event of arrest, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The application for anticipatory bail is, thus, allowed. Accordingly the application being CRM 3011 of 2020 is also allowed.

Learned appropriate Trial Court as well as all concerned authorities shall act in terms of the copy of the order downloaded from the official website of this Court.

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