Calcutta High Court (Appellete Side)
Sri Kalipada Roy vs Unknown on 21 June, 2018
1 50 21.06.2018
AB Court 28 C.R.M. 3962 of 2018 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Alipurduar Women P.S. Case No.26 of 2017 dated 14.10.2017 under Sections 376/354C of the Indian Penal Code And In the matter of : Sri Kalipada Roy ...Petitioner.
Mr. Tapas Kr. Sinha, Mrs. Rupan Biswas ...for the Petitioner. Mr. Rana Mukherjee, Mr. Arijit Ganguly ...for the State.
It is submitted on behalf of the petitioner that there was inordinate delay in lodging the first information report. It is further submitted that there was commercial transaction between the petitioner and the defacto complainant and over such issue the petitioner has been falsely implicated in the instant case.
Learned lawyer appearing for the State opposes the prayer for anticipatory bail and submits that the victim had subsequently come to know that the petitioner had transmitted her objectionable pictures online to other persons and thereafter she lodged complaint.
We have considered the materials on record and we note that there was commercial relationship between the parties. We 2 also note that there is delay in lodging the first information report. It is a matter to be decided in the course of trial whether the explanation given by the defacto complainant with regard to delay is justified or not.
However, keeping in mind the aforesaid facts, we are of the opinion though custodial interrogation of the petitioner may not be necessary, he requires to cooperate with the investigation in accordance with law.
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 he shall meet the Investigating Officer of the case once in a week until further orders.
The application for anticipatory bail is, accordingly, allowed.
Urgent Photostat Certified copy of this order, if applied for, is to be supplied expeditiously after complying with all necessary legal formalities.
3(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)