Shri K.Raghu v. The State

29.03.2023 Serial no. 02 [Dd] (Anticipatory bail) Allowed) Calcutta High Court In The Circuit Bench at Port Blair Andaman & Nicobar Islands Appellate Side CRM (A) 2 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Police Station Aberdeen, Port Blair, South Andaman District FIR No. 09 of 2023 dated 09.01.2023 under Section 376 of the Indian Penal Code, 1860.

-AndIn the matter of : Shri. K. Raghu ... ... Petitioner Md. Tabraiz, Mr. Rakesh Pal Gobind, Mr. Parashar Baidya, Advocates ... ... For the Petitioner Mr. Salim Mahammad, Advocate ... ...For the State The petitioner is employee in the private sector. He claims that he is to participate in a process granting him promotion.

Apparently, the de facto complainant and the petitioner were in a relationship. The relationship was over a period of four years.

The issue as to whether physical relationship existed between the petitioner and the de facto complainant and the issue as to whether such relationship was entered into on the promise claimed to be held out by the petitioner are issues which are required to be decided at the trial, if so raised. At this stage, we deem it appropriate to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall 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 be 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 report before the Investigating Officer once in a month till the conclusion of the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 2 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)