Chhoton Barman v. The State Of West Bengal

15.07.2022 Court No.1 SL No.7 pk/AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM(A) 332 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ghoksadanga P.S. Case No.112 of 2022 dated 17.03.2022 under Section 376 of the Indian Penal Code.

And In the matter of: Chhoton Barman ....Petitioner.

Mr. Subhasish Misra Mr. Swarup Das ...for the petitioner.

Mr. Arun Kumar Sarkar Mr. Sagnik Sankar Sikdar ...for the State.

Application for anticipatory bail is filed on the ground that FIR was registered after a lapse of about nine months of the alleged incident.

Counsel for the State opposes the prayer for anticipatory bail and produces the case diary.

The statement of the victim recorded under Section 164 of the Cr.P.C. does not inspire the confidence of this Court. In these circumstances, we are inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further conditions that the petitioner shall meet the investigating officer once in a week until further orders and he shall appear before the court below and pray for regular bail within a fortnight from date. The application for anticipatory bail being CRM(A) 332 of 2022 is, thus, disposed of.

(Rajasekhar Mantha, J.) (Ananda Kumar Mukherjee, J.)