Md. Rakibul Ali Molla @ Rakibul Molla v. The State Of West Bengal
07.02.2025 Sl. No.30 tkm C. R. M. (A) 382 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Madhabpur Police Station Case No.144 of 2024 dated 1.11.2024 under Sections108/3(5) of BNS 2023.
And Allowed In Re: Md. Rakibul Ali Molla @ Rakibul Molla ... ... Petitioner Ms. Trisha Rakshit ... ... for the petitioner Mr. S Bapuli Md. Kutubuddin ... ... for the State
1. Petitioner submits he is in no way connected with the deceased Barkat. He has been falsely implicated. He prays for anticipatory bail.
2. Learned lawyer for the State submits petitioner had illicit relation with Barkat's wife. As a result, the latter committed suicide.
3. We have considered the materials on record. Statements of witnesses disclose there was an illicit association between the petitioner and the deceased's wife. However, nothing is placed on record to show petitioner had instigated the deceased to commit suicide. No suicide note implicating the petitioner is also placed on record.
4. Under such circumstances, we are of the opinion custodial interrogation of the petitioner for progress of investigation is not necessary and he may be granted anticipatory bail.
5. Accordingly, we direct that in the event of arrest, the petitioner shall 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 BNSS 2023.
6. Petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.
7. The application being CRM (A) 382 of 2025 is disposed of. (Subhendu Samanta, J.) (Joymalya Bagchi, J.)