Calcutta High Court (Appellete Side)
Penal Code vs In Re : Arani Chakraborty on 11 January, 2024
Author: Debangsu Basak
Bench: Debangsu Basak
11.01.2024 Item No.50(D.L.) Ct.No.29 srm/dc.
Allowed C.R.M. (A) 5701 of 2023 In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Dum Dum Police Station Case No. 515 of 2023 dated 14.10.2023 under Sections 376/417/120B of the Indian Penal Code.
And
In Re : Arani Chakraborty
... Petitioner.
Mr. Sourav Chatterjee,
Mr. Amitava Ghosh
... For the Petitioner.
Mr. Manoranjan Mahata
... For the State.
Ms. Koel Mukherjee,
Mr. Anurag Sardar ... For the de facto complainant.
Petitioner prays for anticipatory bail. Petitioner, State and the de facto complainant are represented.
The de facto complainant recorded her statement under Section 164 of the Cr.P.C. where she acknowledges that there was a relationship between her and the petitioner.
The allegation is of entering into a relationship with a promise of marriage.
As to whether, there was any promise held out as claimed or whether there was any relationship in the manner as claimed are issues which may be decided at the trial. 2 Both the de facto complainant and the petitioner are adults.
In such circumstances, we grant anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest the petitioner shall 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner will report before the Investigating Officer once in a month till the conclusion of the investigation and on condition that the petitioner shall appear on every date before the jurisdictional court on and from the date fixed for appearance of the accused and in default, the jurisdictional court will pass appropriate order to secure the presence of the petitioner in court including cancelling the anticipatory bail granted without further reference to this Court.
The application for anticipatory bail is, thus, allowed. CRM(A) 5701 of 2023 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)