Calcutta High Court (Appellete Side)
Dinajpur vs In Re: Parimal Chandra Bhowmik & Anr on 19 June, 2024
Author: Soumen Sen
Bench: Soumen Sen
19.06.2024
Court No.29
Item No. 3
Allowed
sg
CRM (A) 1825 of 2024
In Re:- An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure in connection with Islampur Police Station Case No. 849 of
2022 dated 17.12.2022 under Sections 376A/120B of the Indian Penal Code,
pending before the learned Additional Chief Judicial Magistrate, Islampur, Uttar
Dinajpur.
And
In Re: Parimal Chandra Bhowmik & Anr.
Petitioners
Mr. Debopriya Samanta
For the Petitioners
Mr. Ananda Keshri
Miss. Kasnchan Roy
For the State
Mr. Amit Roy
For the de-facto complainant
1.The learned Counsel for the petitioners submits that the petitioner no.1 is the father and the petitioner no.2 is the niece of one Anupam Bhowmick, the husband of de-facto complainant. It is submitted that they are innocent and have been falsely implicated in the instant case.
2. The learned Counsel for the State, in opposing the prayer for anticipatory bail, has referred to the statement of the de-facto complainant under Section 164 of the Code of Criminal Procedure.
3. The learned Counsel for the de-facto complainant has submitted that in view of the statement recorded under Section 164 of the Code of Criminal Procedure, the prayer may be rejected.
Signed By :
SANJIB GHOSH High Court of Calcutta 20 th of June 2024 11:10:06 AM 2
4. Considering the materials available in the case diary, the nature of involvement of the petitioners in the commission of alleged crime and having regard to the fact statement of the de-facto complainant recorded under Section 164 of the Code of Criminal Procedure directly implicating Anupam, we are of the view that custodial interrogation of the present petitioners may not be necessary.
5. Accordingly, we direct that in the event of arrest the petitioners namely, Parimal Chandra Bhowmik and Renu Roy, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two registered sureties of like amount each, to the satisfaction of arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner no.1 shall meet the I.O. once in a week or as and when required for the purpose of investigation till the submission of final report. Both the petitioners shall cooperate with the investigation and shall appear before the learned Trial Court within two weeks from date in connection with GR Case No. 3261 of 2022 and the petitioners shall not leave the jurisdiction of Islampur Police Station without the submission of final report, failing which, it would be open for the learned Trial Court to cancel the bail without any further reference to this Court.
6. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.
7. CRM (A) 1825 of 2024 is, thus, disposed of.
8. 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.)