Amar Prakash Lakra v. The State Of West Bengal

AD-216 Ct No.01 Jalpaiguri 02.02.2023 TN Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (A) 784 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 22.12.2022 in connection with Alipurduar Women Police Station Case No. 47 of 2022 dated 02.05.2022 under Sections 493/417/506/109 IPC, 1860. And In the matter of: Amar Prakash Lakra .... petitioner Mr. Hillol Saha Podder ... for the petitioner Mr. Arun Kumar Sarkar, Mr. Aniruddha Biswas ... for the State Learned counsel for the petitioner submits that the petitioner has had a romantic relationship with the alleged victim for about 5 years and the present complaint was lodged as the result of a family dispute.

Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that the petitioner is a married person and, as such, the complaint has credibility.

In any event, in view of the circumstances as sought to be made out by the petitioner, we find sufficient reason to grant anticipatory bail at this stage.

Accordingly, CRM (A) 784 of 2022 is allowed, thereby granting anticipatory bail to the petitioner on condition that the petitioner shall comply with the conditions in Section 438(2) of the Code of Criminal Procedure.

In the event of arrest, the petitioner shall be released on bail upon furnishing bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Alipurduar. The petitioner shall not leave the territorial jurisdiction of the concerned police station during the period of investigation and shall make himself available as and when required for the investigation. (Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)