Helaluddin v. State Of West Bengal

09.02.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 594 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 125 of 2023 dated 31.01.2023 under Sections 376/506 of the Indian Penal Code. And In Re : Helaluddin ...... petitioner Mr. Sujoy Sarkar Ms. Sabnam Laskar Mr. Rahul Chanchan ....for the petitioner Mr. S. S.Imam Mr. S. Kundu ....for the State It is claimed on behalf of the petitioner that, financial assistance was extended by the petitioner to the family of the de-facto complainant and when demands for recovery were made, the petitioner was falsely implicated.

The victim recorded her statement under Section 164 of the Code of Criminal Procedure where, she acknowledges that there was a financial relationship.

Considering the materials in the case diary, the gravity of the offence and the involvement of the petitioner therein, 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/-, 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 shall meet the Investigating Officer once a month till the conclusion of the 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. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)