Md. Rejaul Karim @ Rejaul Karim v. The State Of West Bengal And ANR
06.02.2025 23.
Ct. No. 28 SG [Allowed] C. R. M. (A) 280 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Harishchandrapur Police Station Case No. 323/2024 dated 18.04.2024 under Sections 417/376 of IPC.
And In Re: Md. Rejaul Karim @ Rejaul Karim.
... ... Petitioner Mr. Mrityunjay Chatterjee, Mr. Imdadul Hoque, Ms. Suchismita Chatterjee.
.... For the petitioner Mr. Rana Mukherjee, Mr. sujan Chatterjee.
.... For the State Mr. Avishek Prasad, Mr. Sourodeep Singha.
... for the opposite party no. 2 1.
Petitioner contends victim is a major and married lady. He has been falsely implicated in the case. Accordingly, he prays for anticipatory bail.
2.
Learned Advocate for the State opposes the prayer for anticipatory bail.
3.
Learned Advocate for the de facto complainant also opposes the prayer for anticipatory bail.
4.
We have considered the materials on record including the statement of the victim. Victim stated petitioner cohabited with her during her husband's absence. Credibility of her allegation that cohabitation was on the false promise of marriage has to be assessed in light of attending circumstances at the appropriate Signed By :
SOURAV GHOSH High Court of Calcutta 10 th of February 2025 01:05:15 PM
stage of the proceeding. Custodial interrogation for progress of investigation is not necessary.
5.
Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.
6.
Accordingly, we direct that in the event of arrest, the petitioner viz., Md. Rejaul Karim @ Rejaul Karim be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date.
7.
The application for anticipatory bail is, thus, disposed of. (Subhendu Samanta, J.) (Joymalya Bagchi, J.) Signed By :
SOURAV GHOSH High Court of Calcutta 10 th of February 2025 01:05:15 PM