The court allowed an application for anticipatory bail under Section 438 CrPC for offenses under Sections 363/365 IPC. Directing release upon arrest upon furnishing a bond, the order cited the recovery of the victim as a pivotal factor.
Application for anticipatory bail allowed; applicant to execute bond of Rs. 10,000 with two sureties of like amount each.
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04.12.2020 tkm/ct 3 sl no. 46
C.R.M. 7852 of 2020
(via video conference)
In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kharagpur Local PS case 191 dated 12.3.2020 under sections 363/365 of the IPC
Allowed
and
In Re : Rajdip Maity …… petitioner
Mr. N De …… for the petitioner Mr. Rana Mukherjee Ms. Sujata Das
…… for the State
Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that the victim has already been recovered, we are inclined 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/- with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.
The application being CRM 7852 of 2020 is disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant given the nature of allegations and recovery of the victim.
3 provisions across 2 enactments
Rajdip Maity
State
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
