The court granted anticipatory bail under Section 438 of the Code, emphasizing the need for cooperation in the investigation while addressing the validity of serious allegations.

ORDER :

1. Leave granted.

2. This appeal challenges the order dated 07.08.2024 passed by the High Court at Calcutta in CRM(A) No. 2461 of 2024.

3. Apprehending arrest in connection with crime registered pursuant to FIR No. 48 of 2023 lodged with Jorasanko Police Station, District Central Division in respect of the offences punishable under Sections 341, 376, 506 of the Indian Penal Code, 1860 (for short “IPC”), the appellant preferred an application before the High Court seeking anticipatory bail in terms of Section 438 of the Code of Criminal Procedure, 1973 (“the Code” for short).

4. Said application for anticipatory bail has been rejected by the High Court vide impugned order dated 07.08.2024. Hence, instant appeal has been preferred.

5. By order dated 09.09.2024, this Court issued notice to the respondent-State in the matter.

6. We have heard learned senior counsel in support of the appellant and learned senior counsel for the respondent-state and have perused the Counter Affidavit filed by the respondent State.

7. Learned senior counsel appearing for the appellant submitted that the intention of the complainant is to falsely invoke serious allegations as against the appellant herein when no offence whatsoever could be made out against him. He also submitted that the appellant has been cooperating with the investigation and there has been no progress since November, 2024. During the course of submission, it was also pointed out that the appellant was apprehensive about the complainant and had in fact approached the police one day prior to the filing of the complaint by the complainant herein. He also submitted that complainant is also in the habit of making false allegations as against the appellant and others.

8. Learned senior counsel further submitted that the appellant will cooperate with the investigation and appropriate terms and conditions may be imposed while granting the relief of anticipatory bail by setting aside the impugned order.

9. Per contra, learned senior counsel appearing for the respondent-State contended that the complainant has been consistent in her statement as against the appellant herein; that serious offences under Sections 341, 376 and 506 of the IPC are alleged and any relief of anticipatory bail being granted to the appellant would jeopardize the investigation as well as the trial.

10. Considering the circumstances on record, in our view, the appellant is entitled to the relief claimed under Section 438 of the Code.

11. We, therefore, allow this appeal and set aside the order passed by the High Court dated 07.08.2024. We direct that in the event of arrest of the appellant, the Arresting Officer shall release the appellant on bail subject to furnishing cash security in the sum of Rs.25,000/-(Rupees Twenty-Five Thousand only) with two like sureties.

12. It is directed that the appellant shall extend complete cooperation in the ensuing investigation. The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record.

13. With the aforesaid directions, the Criminal Appeal is allowed.