The High Court granted anticipatory bail to Santanu Das in a combined case involving sections 417, 376, 313, and 506 of the IPC. The court noted the victim's consent and pregnancy. Bail was directed upon security and sureties.
Bail granted upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each and compliance with Section 438(2) Cr.P.C.
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18.12.2020 tkm/ct 28 sl no. 83
C.R.M. 9368 of 2020
(via video conference)
In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Medinipur All Women P.S case no. 79 of 2020 dated 18.8.2020 under sections 417/376/313/506 of the IPC
Allowed
In Re : Santanu Das
…… petitioner
Mr. S Das Mahapatra
…… for the petitioner
Mr. T K Ghosh Ms. Sima Biswas
…… for the State
Ms. Riya Das
…… for the de facto complainant
It is submitted on behalf of the petitioner that the victim is a major consenting lady.
Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the victim is pregnant.
Learned lawyer for the de facto complainant does not oppose the prayer for anticipatory bail
In view of the aforesaid development and the nature of allegation, 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 9368 of 2020 is disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a Medinipur All Women P.S case involving sections 417, 376, 313, and 506 of the IPC.
Whether the petitioner's release on bail is appropriate given the victim's consent and pregnancy.
What conditions should be attached to the anticipatory bail granted under section 438 Cr.P.C.
2 provisions across 2 enactments
Santanu Das
The State
De facto complainant
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
