Chandrakanta Shit Vs the Victim Girl and Anr. — Anticipatory Bail | Calcutta HC (2024)

Chandrakanta Shit Vs the Victim Girl and Anr. — Anticipatory Bail | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, release on bail on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438(2) CrPC conditions, weekly meeting with the Investigating Officer until final report, and appearance before the learned Additional Chief Judicial Magistrate, Contai in G.R. Case No.468 of 2024 within two weeks; the application for anticipatory bail was disposed of accordingly.

Issue for consideration

Whether the petitioner, named in Patashpur Police Station Case No.273 of 2024 under Sections 376/511 IPC, should be granted anticipatory bail under Section 438 of the Code of Criminal Procedure.

Court's answer

Having considered the materials in the case diary, the nature and extent of the petitioner's complicity in the alleged offence, and the statements of the neighbours and of the victim recorded under Section 164 Cr.P.C., 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 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, subject to the conditions under Section 438(2) CrPC; further, the petitioner shall meet the Investigating Officer once a week till submission of the final report and shall appear before the learned Additional Chief Judicial Magistrate, Contai in connection with G.R. Case No.468 of 2024 within two weeks.

Detailed headnote1 paragraphs

Anticipatory bail – Section 438, Code of Criminal Procedure – Offence under Sections 376/511, Indian Penal Code (Patashpur Police Station Case No.273 of 2024) – Considering the case diary, the nature and extent of the petitioner's complicity, and the statements of the neighbours and of the victim recorded under Section 164 Cr.P.C., the Court held custodial interrogation of the petitioner unnecessary – In the event of arrest, petitioner directed to be released on bail on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438(2) conditions – Petitioner to meet the Investigating Officer once a week till final report and to appear before the learned Additional Chief Judicial Magistrate, Contai in G.R. Case No.468 of 2024 within two weeks – Application for anticipatory bail disposed of.

11.07.2024 SL No.14 Court No.29 (gc) (Allowed)

CRM (A) 2314 of 2024

In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Patashpur Police Station Case No.273 of 2024 dated 09.05.2024 under Sections 376/511 of the Indian Penal Code.

And

In the matter of : Chandrakanta Shit

Petitioner.

Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick

….For the Petitioner. Mr. Ranabir Roy Chowdhury, Mr. Subham Bhakat

… For the State.

The learned Counsel for petitioner submits that petitioner is innocent and he has been falsely implicated as he has recalled a loan from the husband of the de facto complainant.

The learned Counsel for the State has produced the case diary which, inter alia, includes the statement of neighbours and the statement of the victim recorded under Section 164 of the Cr.P.C.

Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of the alleged offence and also having regard to fact that the statement of the neighbours and the statement of the victim recorded under Section 164 of the Cr.P.C., 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, Chandrakanta Shit , 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 appear before the learned Additional Chief Judicial Magistrate, Contai in connection with G.R. Case No.468 of 2024 within two weeks from date.

Accordingly, the application for anticipatory bail is disposed of.

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