Sk Nasim v. The State Of West Bengal

06.02.2025 as [ALLOWED] C. R. M. (A) 348 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pukhuria Police Station Case No. 65 of 2024 dated 05.02.2024 under Sections 498A/307 of the Indian Penal Code.

In Re: Sk. Nasim.

... ... Petitioner Md. Wasim Akram, Ms. Sabrina Parveen.

... ... for the Petitioner Mr. Bidyut Kr. Roy, Mr. Mujibar Ali Naskar.

... ... for the State 1.

Petitioner contends he had not married the victim. He has been falsely implicated. Accordingly, he prays for anticipatory bail.

2.

Learned Advocate for the State produces the Case Diary. 3.

We note, de-facto complainant has taken prevaricating stance. While in the FIR she contended she was married to the petitioner, in her subsequent statement she claimed she was merely engaged to him. In a subsequent criminal case also she has claimed petitioner cohabited with here victim on the false promise of marriage.

4.

In light of the aforesaid inconsistence stance, we are inclined to grant anticipatory bail to the petitioner. 4.

Accordingly, we direct that in the event of arrest, the petitioner viz., Sk. Nasim be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to Signed By : ALOK SETH High Court of Calcutta 10 th of February 2025 11:54:13 AM

the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the BNSS. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

5.

The application for anticipatory bail is, thus, disposed of. (Subhendu Samanta, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 10 th of February 2025 11:54:13 AM