Calcutta High CourtCRM/931/2021allowed

Rupam Roy @ Rupam Ray v. The State Of West Bengal

2021-12-22Hon'Ble Justice Soumen Sen,Hon'Ble Justice Biswajit Basu2 pages

22.12.2021 SL No.20 Court No.1 (gc) Circuit Bench of Calcutta High Court At Jalpaiguri CRM 931 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Madarihat Police Station Case No.167 of 2020 dated 15.12.2020 under Sections 306/34 of the Indian Penal Code.

And In the matter of : Rupam Roy @ Rupam Ray - Petitioner.

Mr. Arijit Ghosh ... For the Petitioner.

Mr. A.K. Sarkar, Mr. Tapan Bhattacharjee, ... For the State.

The learned Counsel for the petitioner submits that the petitioner was in love relationship with the victim and he has been falsely implicated by the father of the victim. The learned Counsel for the State, however, opposes the prayer for anticipatory bail and refers to the statements of some of the independent witnesses recorded under Section 161 of the Cr.P.C. to suggest the complicity of the petitioner in the commission of the alleged offence.

Having considered the materials available in the case diary and bearing in mind the nature and involvement of the petitioner in the commission of alleged offence, we are inclined to grant

anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, we direct that in the event of arrest the petitioner, namely, Rupam Roy @ Rupam Ray, 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 and with a further condition that the petitioner shall meet the I.O. once in a week until further orders. The application for anticipatory bail, being CRM No.931 of 2021 is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Biswajit Basu, J.) (Soumen Sen, J.)