Rahul Sarkar@Dilip Sarkar v. The State Of West Bengal

13.05.2024

IN THE HIGH COURT AT CALCUTTA

Sl. No.97 Circuit Bench at Jalpaiguri akd [ALLOWED] C. R. M. (A) 394 of 2024 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 30.04.2024 in connection with Jalpaiguri Kotwali Police Station Case No. 235 of 2024 dated 30.03.2024 under Sections 363/365/109/506/34 of the Indian Penal Code. (G.R. Case No.1530 of 2024) And In Re: Rahul Sarkar @ Dilip Sarkar ... ... Petitioner Mr. Sandip Guha Roy ... ... for the petitioner Mr. Ujjwal Luksom Mr. Tapan Bhattacharjee ... ... for the State

1. Heard the learned Advocates appearing for both the parties.

2. We have considered the materials on record. It is contended petitioner and the victim had a romantic relationship. Victim has already been recovered. Under such circumstances, we are of the opinion custodial interrogation of the accused/petitioner may not be necessary and he may be granted anticipatory bail.

3. Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Rahul Sarkar @ Dilip Sarkar, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the

petitioner shall appear before the court below and pray for regular bail within four weeks from date.

4. The application for anticipatory bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)