Calcutta High Court (Appellete Side)
3.09.2024 Under Sections ... vs In Re: Dripto Bakshi on 13 January, 2025
13.01.2025
11.
Ct. No. 28
SG
[ALLOWED]
C. R. M. (A) 4662 of 2024
In Re: An application for anticipatory bail under Section 482 of
the Bharatiya Nagrik Suraksha Sanhita, 2023 in connection with
Kharagpur Town Police Station Case No. 392 of 2024 dated
13.09.2024 under Sections 376/417/354/354B of IPC.
And
In Re: Dripto Bakshi.
... ... Petitioner
Mr. Milon Mukherjee, Sr. Adv.
Mr. Debasis Kar,
Mr. Subhajit Chowdhury.
.... For the petitioner
Mr. Sanjoy Bardhan,
Ms. Debjani Dasgupta.
.... For the State
Ms. Puja Goswami.
.... For the de facto complainant
1.Petitioner is an Assistant Professor of a reputed engineering institute. He contends he had interacted with the de facto complainant on a professional plane. He had not held out any promise to marry. When the relationship soured the petitioner was falsely implicated in the case.
2. Alleging that she had been forcibly raped, de facto complainant had lodged complaint with the Internal Complaint Committee (for short "ICC") of the institute. ICC returned a verdict that the association was consensual between two adults.
3. Mr. Mukherjee further contends petitioner had made similar allegation on earlier occasion. A criminal case was registered against Dr. Arya Sen which had resulted in acquittal. Accordingly, he prays for anticipatory bail. Signed By :
SOURAV GHOSH High Court of Calcutta 15 th of January 2025 01:18:10 PM 2
4. Learned Advocate for the State submits petitioner had made a false promise to marry and cohabited with the victim. Thereafter, he retracted from the promise.
5. Learned Advocate for the de facto complainant submits her client is a qualified lady. She was induced to cohabit with the petitioner on the false promise that he would marry her.
6. We have considered the materials on record. We have also gone through the statement of the de facto complainant- victim before the Magistrate. De facto complainant contends she had put up her profile on a matrimonial site. Petitioner had also put up his profile on the said site. She sent a proposal through the matrimonial site which came to be accepted. Subsequently, they exchanged personal details. She also professionally interacted with the petitioner.
7. On 27.05.2024 she was requested to come to the petitioner's institute. On 28.05.2024 in the guest house she was raped. Thereafter, she again interacted with the petitioner who promised to marry her. Subsequently, he retracted from the promise.
8. Admittedly, both the parties are highly qualified. Petitioner is an Assistant Professor of a reputed institute and the victim was a high ranking official in the service of the Government of India. De facto complainant contended petitioner had accepted her proposal on a matrimonial site. However, scrutiny of records shows though the parties had put up profiles on the matrimonial site, petitioner had not accepted any marriage proposal. On the contrary, interaction between the Signed By :
SOURAV GHOSH High Court of Calcutta 15 th of January 2025 01:18:10 PM 3 petitioner and the victim crystalised on a professional platform for academic and other technical exchanges. Manner and circumstances in which the acquaintance developed between petitioner and the de facto complainant does not show from the inception petitioner had proposed to marry the de facto complainant. On the other hand, it demonstrates a meeting between two qualified professionals for professional purposes. In all probability their interaction developed into intimacy later.
Allegation that petitioner had forcibly raped the victim on 28.05.2024 was not prima facie accepted by the ICC. We concur with the said findings for the following reasons. Had the petitioner forcibly raped the de facto complainant, the latter being highly qualified lady would not have waited for months to lodge the FIR. On the other hand, she continued her relationship with the petitioner even after the incident.
9. Other attending circumstances also persuade us to hold at least prima facie there was no promise to marry the victim at the inception of the relationship. Parties had got acquainted with each other on a profession platform. Subsequently, intimacy developed between them. But the petitioner did not agree to marry the victim. In this backdrop, it is to be seen at the appropriate stage of the proceeding whether conduct of the petitioner would fall within normal human conduct or would amount to rape by way of deception. Nonetheless, custodial interrogation is not necessary for progress of investigation.
10. Under such circumstances, we are inclined to grant anticipatory bail to the petitioner subject to conditions. Signed By :
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11. Accordingly, we direct that in the event of arrest, the petitioner viz., Dripto Bakshi be released on bail upon furnishing a bond of Rs.10,000/-, 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 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition petitioner while on bail shall meet the investigating officer once in a week until further orders. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date.
12. The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :
SOURAV GHOSH High Court of Calcutta 15 th of January 2025 01:18:10 PM