The Calcutta High Court granted anticipatory bail to the petitioner, acknowledging the victim-petitioner relationship and petitioner's age, subject to bail conditions and a bond.
Anticipatory bail granted on a bond of Rs. 10,000 with two sureties, subject to reporting to the IO once a month and appearing for regular bail within four weeks.
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08.02.2022
Serial no.1 In the High Court at Calcutta Aloke Circuit Bench at Jalpaiguri
Ct. No. 29 (Through Video Conference)
CRM (A) 86 of 2022
In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 02.02.2022 in connection with Pundibari Police Station Case No. 630 of 2021 dated 30.11.2021 under Sections 417/376(2)(n)/506 of the Indian Penal Code.
-And-
In the matter of : Hrijuraj Ghosh
… …Petitioner
Mr. Tapas Kr. Ghosh, Advocate
Mr. Tanmoy Chowdhury, Advocate
… … For the Petitioner
Mr. Aditi Sankar Chakraborty, Advocate Mr. Tapan Bhattacharjee, Advocate
… … For the State
Petitioner seeks anticipatory bail.
Learned Advocate appearing for the petitioner submits that there was a relationship between the victim and the petitioner. The petitioner was falsely implicated.
Learned Advocate appearing for the State draws the attention of the Court to the statements recorded under Section 164 of the Code of Criminal Procedure of the victim.
Considering the fact that the victim acknowledges relationship between her and the petitioner in the statements recorded under Section 164 of the Criminal Procedure Code and considering the age of the petitioner, 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/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and 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 will report before the Investigating Officer
2
once in a month till the conclusion of the investigation and on further condition that the petitioner shall appear before the Court below and pray for regular bail within four weeks from date.
The prayer for anticipatory bail is allowed. CRM (A) 86 of 2022 is disposed of.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
1 issue framed by the court
Whether to grant anticipatory bail under Section 438 CrPC in a case of alleged misconduct and assault involving a relative.
2 provisions across 1 enactments
Hrijuraj Ghosh
The State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
