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Judgments of Supreme Court of India and High Courts

Sri Asish Roy vs Unknown on 1 February, 2018

1

53 01.02.2018
C.R.M. 810 of 2018
Aloke Court 28

In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 29.01.2018 in connection
with Liluah P.S. Case No.260 of 2016 dated 14.09.2016 under
Sections 498A/376/313/494 of the Indian Penal Code.

And
In the matter of: Sri Asish Roy
…Petitioner
Mr. Lokenath Chatterjee
Mr. B.K. Singh
Mr. Dipanjan Dutt
Mr. Dipak Kr. Chakrabarti
… for the petitioner

Ms. Rituparna De Ghose
… for the State

allowed

It is submitted on behalf of the petitioner that the victim

was the married lady and had developed an amorous relations

with him.

Learned counsel for the State opposes the prayer for bail.

We have considered the materials on record and in the

light of the fact that de facto complainant was a major lady at the

time when petitioner cohabited with the victim, we are of the

opinion that custodial interrogation of the petitioner may not be

necessary and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the

petitioner shall be released on anticipatory bail upon furnishing

bond of Rs.10,000/-(Rupees Ten Thousand only) with two sureties
2

of like amount, 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.

The application for anticipatory bail is, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied for,

be supplied expeditiously after complying with all necessary legal

formalities.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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