Debasis Koner @ Debasish Koner Vs the State of West… — Anticipatory Bail | Calcutta HC (2024)

Debasis Koner @ Debasish Koner Vs the State of West… — Anticipatory Bail | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail under Section 438 CrPC granted: on arrest, release upon bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438(2) CrPC conditions; petitioner to meet the Investigating Officer once a week till submission of the final report; to stay outside the jurisdiction of Police Station Manteswar; to provide his present address to the Investigating Officer and the Officer-in-Charge of the local police station; and to appear before the Additional Chief Judicial Magistrate, Kalna, Purba Bardhaman in connection with G.R. Case No.1251 of 2024 within two weeks.

Issue for consideration

Whether anticipatory bail under Section 438 CrPC should be granted to the petitioner charged under Sections 376/506 IPC in Manteswar Police Station Case No.243 of 2024, i.e., whether his custodial interrogation is necessary.

Court's answer

Having considered the case-diary materials, the nature and extent of the petitioner's complicity, the victim's Section 164 CrPC statement and the medical report, the court held that custodial interrogation of the petitioner is not necessary.

Ratio / Principle

In the event of arrest, the petitioner shall be released on bail upon a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to the Section 438(2) CrPC conditions, together with the further directives on weekly reporting, residence outside Manteswar PS jurisdiction, address disclosure and appearance before the ACJM, Kalna.

Detailed headnote1 paragraphs

High Court of Calcutta (Soumen Sen, J. and Sugato Majumdar, J.) granted anticipatory bail under Section 438 CrPC to Debasis Koner @ Debasish Koner in connection with Manteswar Police Station Case No.243 of 2024 dated 16.05.2024 under Sections 376/506 IPC. Considering the case-diary materials, the nature and extent of the petitioner's complicity, the victim's statement recorded under Section 164 CrPC and the medical report, the court held that custodial interrogation was not necessary. On arrest, the petitioner is to be released on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to the Section 438(2) CrPC conditions. Further directives: weekly meetings with the Investigating Officer till the final report; residence outside the jurisdiction of Police Station Manteswar; disclosure of present address to the Investigating Officer and the local Officer-in-Charge; appearance before the Additional Chief Judicial Magistrate, Kalna, Purba Bardhaman in G.R. Case No.1251 of 2024 within two weeks. Application disposed of accordingly.

11.07.2024 SL No.13 Court No.29 (gc) (Allowed)

CRM (A) 2313 of 2024

In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Manteswar Police Station Case No.243 of 2024 dated 16.05.2024 under Sections 376/506 of the Indian Penal Code.

And In the matter of : Debasis Koner @ Debasish Koner

Petitioner.

Mr. Uday Sankar Chattopadhyay, Ms. Trisha Rakshit Ms. Aishwarya Datta

….For the Petitioner. Ms. Sonali Das, Ms. Mamata Jana

… For the State.

The affidavit-of-service filed in Court today is taken on record.

In spite of service, the victim is not represented.

The learned Counsel for petitioner submits that a false complaint has been lodged against the petitioner. It is submitted that the victim was in relationship with the petitioner.

The learned Counsel for the State has produced the case diary and opposed the prayer for anticipatory bail.

Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of the alleged offence, the statement of the victim recorded under Section 164 of the Cr.P.C. and also on consideration of the medical report, we are of the view that the custodial interrogation of the petitioner is not necessary.

Signed By : GURUPADA CHAKRABARTY High Court of Calcutta 12 th of July 2024 12:04:08 PM

2

Accordingly, we direct that in the event of arrest, the petitioner, namely, Debasis Koner @ Debasish Koner , shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, 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. It is further directed that the petitioner shall meet the Investigating Officer once in a week till the submission of the final report and shall stay outside the jurisdiction of Police Station Manteswar.

It is further directed that the petitioner shall provide the address where he shall be presently residing with the Investigating Officer as well as the Officer-in-Charge of the local Police Station where he shall be residing.

It is also directed that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Kalna, Purba Bardhaman in connection with G.R. Case No.1251 of 2024 within two weeks from date.

Accordingly, the application for anticipatory bail is disposed of. 10. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.)

(Sugato Majumdar, J.)

Signed By : GURUPADA CHAKRABARTY High Court of Calcutta 12 th of July 2024 12:04:08 PM