Calcutta High Court (Appellete Side)
Indian Penal Code vs In Re : Sandip Ruidas @ Bubai Das on 28 September, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
28.09.2022 40 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4622 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Singur Police Station Case No. 233 of 2022 dated 11.06.2022 under Sections 376D/509/323/325/384/354B/506/34 of the Indian Penal Code, 1860.
And In Re : Sandip Ruidas @ Bubai Das ...... petitioner Mr. Bitasok Banerjee ....for the petitioner Ms. Faria Hossain Ms. Baisali Basu ....for the State Petitioner prays for anticipatory bail. Learned advocate appearing for the petitioner submits that, the victim was medically examined instantly. The incident took place on May 4, 2022. She did not complain of rape at that point of time. Subsequently, the present police complaint was lodged on June 11, 2022.
Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) and to the medical report of the victim.
The victim was examined on May 4, 2022. 2 The medical report of the victim does not corroborate rape as complained of by the victim. In her 164 Cr.P.C. statement, the victim claims that she was ravished by number of persons.
In the facts of the present case, the issue of false implication cannot be overlooked at this stage.
Consequently, 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/-, 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 the petitioner shall meet the Investigating Officer once a fortnight 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.
This application for anticipatory bail is, thus, allowed.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) 3