Calcutta High Court (Appellete Side)
376/341/323/354B/379/34 Of The Indian ... vs In Re:- Sunit Kumar Paul on 5 October, 2018
1 0.2018 2 .
CRM No. 8032 of 2018 Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 14th September, 2018 in connection with Naihati Police Station Case No. 472 of 2018 dated July 6, 2018 under Sections 417/ 376/341/323/354B/379/34 of the Indian Penal Code.
And In Re:- Sunit Kumar Paul ... Petitioner Md. Sabir Ahmed Mr. Hillol Saha Podder ..for the Petitioner Mr. Rudradipta Nandy .. for the State Mr. Sujoy Sarkar Mr. Asis Dutta .. for the defacto complainant The petitioner seeks anticipatory bail in connection with Naihati Police Station Case No. 472 of 2018 dated July 6, 2018 under Sections 417/ 376/341/323/354B/379/34 of the Indian Penal Code.
The State produces the case diary which reflects that the primary allegations against the petitioner are that he sexually exploited the defacto complainant against the promise of a job and also obtained money from her without intending to return the same.
The defacto complainant is also represented and says that even after the present complaint was lodged, the petitioner has assaulted the defacto 1 2 complainant on August 25, 2018 following which a fresh complaint under Section 195 A of the Penal Code has been filed.
The petitioner claims to have helped out the defacto complainant and being rewarded with the complaint in return.
Considering the material and the nature of charges, there may not be any need to take the petitioner into custody as long as he cooperates with the investigation. However, the petitioner will not contact the victim in any manner or form nor will the petitioner enter any place within the jurisdiction of Naihati police station till the conclusion of the investigation. Subject to the above, in the event of arrest, the petitioner will be granted bail upon furnishing security of Rs.10,000/- (Rupees ten thousand only), with two sureties of Rs.5,000/- (Rupees five thousand only) each, one of whom must be local, to the satisfaction of the Arresting Officer, subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. In addition, the petitioner will also report to the Investigating Officer at such time and place as may be specified by the concerned police officer.
A certified copy of this order be immediately made available to the petitioner subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. ) 2