Calcutta High Court (Appellete Side)
CRM-730-2018 on 25 January, 2018
1
C.R.M. 730 of 2018
92 25.01.2018In Re : An application for anticipatory bail under Section 438 of the SB Ct. No. 28 Code of Criminal Procedure in connection with G.R. No. 1777/2017 arising out of Raiganj Women Police Station Case No. 89 of 2017 dated 17.12.2017 under sections 493/376/313/323/34 of the Indian Penal Code.
In Re : Sri Subhra Roy Chowdhury @ Puspen Mr. Jayanta Narayan Chatterjee Mr. Sirsendu Sinha Roy Ms. A. Basu Mr. T. Dey ...... For the Petitioner Mr. Saswata Gopal Mukherjee, Ld. P.P. Mr. Rudradipta Nandy ..... For the State Mr. S. Roy Mr. S. Roy .... For the De facto complainant It is submitted on behalf of the petitioner that he had an amorous relationship with the victim and he has falsely been implicated in the instant case.
Learned counsel appearing on behalf of the de facto complainant submits that petitioner had cohabited with her on the false promise of marriage and subsequently had induced her and as a result she became pregnant and was compelled to abort the child.
Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail.
We have considered the materials on record. No doubt there are materials that there was an amorous relationship between the parties and it appears that both of them were known to each other and is a matter to be decided during trial as to whether the de facto complainant was aware of the marital status of the petitioner at the time when she cohabited with him.
In view of the attending facts and circumstances of the case and bearing in mind the nature of allegations, we are of the opinion that custodial interrogation of the petitioner may not be necessary and it is important to restrict his movement in order to instill the confidence of the 2 de facto complainant and his witnesses.
Accordingly, we direct that in the event of arrest, the petitioner may be released on bail upon furnishing bond of Rs.10,000/-(Rupees Ten Thousands only) with two sureties of like amount 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. Petitioner shall meet the officer-in-charge of Chatterjeehat Police Station once in a week until further orders. Petitioner shall not leave the jurisdiction of Raiganj Women Police Station except for attending the court proceedings and shall report to the Officer-in-charge of the said police station once in a week until further orders.
The application for anticipatory bail is, accordingly, allowed. (Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)