AI Structured Summary
Not yet generated for this judgment
Judgment
Arindam Lodh, J
Heard Ms. V. Poddar, learned counsel appearing for the accused-applicant. Also heard Mr. Raju Datta, learned PP appearing for the respondent-State.
The applicant has filed the present application for releasing him on anticipatory bail under Section 438 of Cr.P.C since he is under serious apprehension that he will be arrested in connection with Gandacherra Police Station case No.2024 GNC 008 registered under Sections 448 & 376 of IPC.
The victim has lodged an F.I.R. stating inter alia that on 01.06.2024, at about 11:00 p.m., the accused-applicant entered into her house in absence of her husband. The victim further stated that the accused-applicant taking her nearby her house forcefully raped her and fled away.
I have perused the case diary. The medical report does not suggest that she was raped at the alleged time.
In my opinion, this is a fit case for granting anticipatory bail to the accused-applicant.
In view of this, I am inclined to release the applicant on anticipatory bail.
Accordingly, it is ordered that in the event of arrest, the applicant namely Sri Mithan Sarkar shall be released on bail on furnishing a bond of Rs.50,000/- with one surety of the like amount to the satisfaction of arresting authority. However, following conditions are imposed upon the applicant:
i. The applicant shall appear before the Investigating Officer by tomorrow i.e. on 10.07.2024.
ii. The applicant shall co-operate with the process of investigation.
iii. The Investigating Officer is given liberty to interrogate the applicant in accordance with law.
iv. The applicant shall not leave the jurisdiction of Gandacherra Police Station without prior permission of the Investigating Officer.
With the aforesaid observations and directions, the instant anticipatory bail application stands allowed and disposed.
Return back the case diary.