Idrish Sk @ Shaikh v. State Of West Bengal And ANR

18.01.2024 Item No.10 Ct. No. 29 CHC Allowed C.R.M.(A) 133 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Thanarpara Police Station Case No. 264/2023 dated 02.12.2023 under Sections 417/376/506 of the Indian Penal Code. And In the matter of : Idrish Sk. @ Shaikh ...... petitioner Mr. Asraf Mandal ....for the petitioner Mr. Dipankar Paramanick ....for the State Mr. Krishnendu Bhattacharya, Mr. Santanu Talukdar, Mr. Priyankar Ganguly, Ms. Sarmistha Basak ....for the de facto complainant Petitioner seeks anticipatory bail.

Petitioner, State and the de facto complainant are represented.

The de facto complainant recorded her statement under Section 164 of the Criminal Procedure Code implicating the petitioner.

Both the petitioner and the de facto complainant are adults.

De facto complainant acknowledges that, there was a relationship between her and the petitioner.

As adults they are supposed to be aware of the consequences of their relationship.

In such circumstances, we grant anticipatory bail to the petitioner.

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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner will report before the Investigating Officer once in a month till the conclusion of investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. CRM(A) 133 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)