Indrajit Ray @ Indrajit Roy Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2024)

Indrajit Ray @ Indrajit Roy Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: in the event of arrest, petitioner to be released on bail on a bond of Rs.2000/- with one surety of like amount, to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC conditions, and to appear before the learned Trial Court in G.R. Case No. 2359 of 2024 within two weeks; I.O.'s report taken on record and personal appearance of I.O. dispensed with.

Issue for consideration

Whether anticipatory bail under Section 438 of the Code of Criminal Procedure should be granted to the petitioner in connection with Burdwan Police Station Case No. 411 of 2024 (G.R. Case No. 2359 of 2024).

Court's answer

In view of the de-facto complainant's submission that the complaint was made out of suspicion and the presence of the victim's mother in Court, custodial interrogation of the petitioner(s) is not necessary.

Ratio / Principle

In the event of arrest, the petitioner Indraji Ray @ Indrajit Roy shall be released on bail upon furnishing a bond of Rs.2000/- with one surety of like amount, to the satisfaction of the Arresting Officer, subject to the conditions under Section 438(2) CrPC, and shall appear before the learned Trial Court in G.R. Case No. 2359 of 2024 within two weeks.

Key takeaways

The prayer for anticipatory bail of the petitioner(s) is allowed.ratio¶6

Detailed headnote1 paragraphs

Anticipatory bail - Section 438 Code of Criminal Procedure - Application by Indraji Ray @ Indrajit Roy in connection with Burdwan Police Station Case No. 411 of 2024 dated 08.05.2024 under Sections 363/365/34 IPC (G.R. Case No. 2359 of 2024). De-facto complainant submitted the complaint was made out of suspicion; mother of the victim personally present in Court. Held, custodial interrogation of the petitioner not necessary; in the event of arrest, petitioner to be released on bail on a bond of Rs.2000/- with one surety of like amount, to the satisfaction of the Arresting Officer, subject to Section 438(2) conditions, and to appear before the Trial Court within two weeks. Prayer for anticipatory bail allowed; I.O.'s report taken on record; personal appearance of I.O. dispensed with; application disposed of.

04.07.2024 Court No.29 Item No. 2

Allowed

sg

CRM (A) 1896 of 2024

In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Burdwan Police Station Case No. 411 of 2024 dated 08.05.2024 under Sections 363/365/34 of the Indian Penal Code, in G.R. Case No. 2359 of 2024.

And

In Re: Indraji Ray @ Indrajit Roy

Petitioner

Dr. R.P. Motilal Mr. Pabitra Biswas Ms. Zareen N. Khan Mr. Dipankar Paramanick

For the Petitioner Ms. Zareen N. Khan Mr. Dipankar Paramanick For the State Ms. Suchismita Dutta For the de-facto complainant

We have heard the learned Counsel for the parties. We have also considered the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.

The learned Counsel for the de-facto complainant submits that out of suspicion, the complaint has been made against the present petitioner.

The mother of the victim is personally present in Court.

In view thereof, we are of the view that custodial interrogation of the present petitioners is not necessary.

Accordingly, we direct that in the event of arrest the petitioner namely,

Indraji Ray @ Indrajit Roy , shall be released on bail upon furnishing a bond of Rs.2000/-, with one surety of like amount, to the satisfaction of

Signed By : SANJIB GHOSH High Court of Calcutta 5 th of July 2024 05:12:55 PM

2

Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and. The petitioner shall appear before the learned Trial Court in connection with G.R. Case No. 2359 of 2024 within two weeks from date.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

The report filed by the I.O. is taken on record.

The personal appearance of the I.O. is dispensed with.

CRM (A) 1896 of 2024 is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from

the official website of this Court.

(Soumen Sen, J.)

(Uday Kumar, J.)