Saiyad Faruk Abdullah v. State Of West Bengal And ANR

18.01.2024 Item No.7 Ct. No. 29 CHC Allowed C.R.M.(A) 130 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bagnan Police Station Case No. 08 of 2024 dated 05.01.2024 under Sections 376/417 of the Indian Penal Code.

And In the matter of : Saiyad Faruk Abdullah ...... petitioner Mr. Sumit Naskar ....for the petitioner Mr. Subham Bhakat ....for the State Petitioner seeks anticipatory bail.

De facto complainant and the petitioner are adults. They entered into relationship voluntarily. Statement of the de facto complainant suggests so. As to whether the physical intimacy was on the basis as claimed maybe decided at trial. As adults they are supposed to be aware of such 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) 130 of 2024 is disposed of.

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