Calcutta High CourtCRM(A)/487/2023allowed

Prabir Saha v. The State Of West Bengal

2023-07-05Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Partha Sarathi Sen2 pages

05.07.2023 Item no.83.

Court No.01.

S.De ( Allowed) Circuit Bench of Calcutta High Court at Jalpaiguri CRM (A) No. 487 of 2023 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Mathabanga Police Station Case No. 248 of 2023 Dated 15.05.2023 under Sections 406/417/376(2)(n) of the Indian Penal Code. And In the matter of: Prabir Saha.

......Petitioner.

Md. Sakir Ahmed, Mr. Hillol Saha Poddar, Ms. Mousumi Das ......for the Petitioner.

Mr. Aditi Shankar Chakraborty, Ld. APP, Mr. Aniruddha Biswas, ......for the State.

Heard learned advocate for the petitioner and learned advocate for the State at length.

After hearing the learned advocate for the contending parties and on perusal of the entire material in the Case Diary, it prima facie appears that mixing between the victim lady and the present accused petitioner was consensual. Such being the position, we are constrained to hold that this is not a fit case for custodial interrogation of the petitioner.

The application for anticipatory bail is allowed. Accordingly, in the event of arrest, the petitioner, namely, Prabir Saha shall be released on bail upon furnishing a bond of Rs.10,000/- with two registered sureties of like amount

each, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders and on further condition that the petitioners shall report to the Investigating Officer once in a week and/or as and when called for till submission of Final Form.

In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M.(A) No. 487 of 2023 is, thus, allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Partha Sarathi Sen, J.) (Arijit Banerjee, J.)