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Judgment
Heard Mr. S. Lodh, learned counsel appearing for the petitioner as well as Mr. Ratan Datta, learned PP appearing for the State-respondent.
This is an application filed under section 438 Cr.P.C. for granting pre-arrest bail to the petitioner in connection with Manu PS case No. 22 of 2020 under Sections 447/325/354B/506/34 of the IPC.
From the bail application and the FIR as well as from the statement of the victim recorded under Section 164(5) Cr.P.C., it reveals that there was hot altercation between the complainant and the accused-petitioner alongwith others. Out of the said altercation, the allegation is that, the accused-petitioner, namely, Ashim Malakar tried to disrobe the complainant and for that reason Section 354-B of the IPC has been inserted in the FIR.
I have perused the case diary as produced by Mr. Ratan Datta, learned PP.
I have also gone through the statements made by the complainant. From the statements of the complainant, in my opinion, she had contradicted herself. Once she stated that the accused-petitioner had attacked her by crowbar (shovel) in violent mode and somehow she managed to escape. Thereafter, suddenly she had stated that the accused-petitioner had assaulted her by fist and blows and also outraged her modesty by tearing her wearing apparels.
These statements, prima facie, are found to be concocted.
As such, I am of the opinion that, this is a fit case to grant pre-arrest bail to the accused-petitioner.
Accordingly, it is ordered that in the event of arrest, the accused-petitioner, namely, Sri Ashim Malakar, shall be released on pre-arrest bail, on furnishing a bail bond of Rs. 50,000/- supported with one surety of the like amount to the satisfaction of the Arresting Authority.
However, the accused-petitioner, Sri Ashim Malakar is directed to co-operate the investigating officer in all respect for smooth progress of the investigation.
With the above direction, the instant application stands allowed and, thus disposed of.
Return back the case diary.