Calcutta High Court (Appellete Side)
Dated 16.10.2019 Under Sections ... vs In Re: Anup Ghosh @ Priyankar Ghosh on 13 December, 2019
1 13.12.19
Sl. No.89 akd [ALLOWED] C. R. M. 11784 of 2019 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 12.12.2019 in connection with Salboni Police Station Case No. 213 dated 16.10.2019 under Sections 420/417/376/328/406/506 of the Indian Penal Code.
And In Re: Anup Ghosh @ Priyankar Ghosh ... ... Petitioner Mr. Navanil De .. Advocate Mr. Rajeswar Chakraborty .. Advocate Mr. Natas Asad .. Advocate ... ... for the petitioner Mr. Soumik Ganguli .. Advocate ... ... for the State Leave is granted to the learned advocate-on-record for the petitioner to correct the cause title in the application for anticipatory bail in course of this day.
Heard the learned advocate appearing for both the parties. It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case. It is further submitted that the de-facto complainant is a major lady and had consensual relationship with the petitioner.
Learned advocate appearing for the State opposes the prayer for anticipatory bail and submits that the de-facto complainant was violated by the petitioner on the false promise of giving a job.
Having considered the materials on record and bearing in mind the nature of allegations in the light of the aforesaid submission that the de-facto complainant was a major lady at the time of cohabitation and was aware of the consequences thereof, we are 2 of the opinion that custodial interrogation of the accused/petitioner may not be necessary in the facts of the present case and he may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Anup Ghosh @ Priyankar Ghosh, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that he shall appear before the court below and pray for regular bail within four weeks from date.
The application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)