Sk Tahazuddin v. The State Of West Bengal And ANR

10.02.2025 22.

Ct. No. 28 SG [ALLOWED] C. R. M. (A) 414 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Budge Budge Police Station Case No. 350 of 2024 dated 21.12.2024 under Sections 376/506 of the IPC. And In Re: Sk Tahazuddin.

... ... Petitioner Ms. Sonali Das.

... ... for the petitioner Ms. Baisali Basu, Mr. S. Balial.

... ... for the State Mr. Md. A. Rakib, Mr. J. Pandey, ... for the de facto complainant 1.

Petitioner submits victim is married lady. She cohabited with the petitioner out of free will. Accordingly, she prays for anticipatory bail.

2.

Learned Advocates for the State and the de facto complainant submits petitioner had cohabited on the false promise of marriage. Thereafter, he threatened the victim to upload obscene pictures.

3.

We have considered the materials on record including victim's statement. Victim admitted there was an earlier marriage but she was staying with her mother. She developed affection for the petitioner and they cohabited. Whether cohabitation was out of romantic association or on the false promise of marriage requires to be assessed at the appropriate stage of the proceeding.

Allegation of uploading obscene pictures is not supported by electronic evidence.

4.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioner subject to conditions. 5.

Accordingly, we direct that in the event of arrest, the petitioner viz., Sk Tahazuddin 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 and on further condition petitioner not enter the jurisdiction of Budge Budge Police Station until further orders. He shall not contact victim and her family members directly, electronically or otherwise. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)