Suraj Mal v. State Of West Bengal

16.02.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 687 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raghunathganj Police Station Case No. 108 of 2023 dated 03.02.2023 under Sections 376/417 of the Indian Penal Code. And In Re : Suraj Mal ...... petitioner Mr. Jisan Iqubal Hossain ....for the petitioner Mr. P.K. Ganguly ....for the State The de-facto complainant is yet to record her statement under Section 164 of the Code of Criminal Procedure. The written complaint of the de-facto complainant suggests that, she was in a relationship for at least three years with the petitioner.

Both the petitioner and the de-facto complainant are adults.

In such circumstances, 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.)