Calcutta High CourtCRM (A)/514/2024allowed

Aktar Sk. @ Aktar Ali Sk. v. State Of West Bengal And ANR

2024-02-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

19.02.2024 Serial no. 08 Anticipatory bail [Allowed] Dd CRM (A) 514 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 11 of 2024 dated 03.01.2024 under Sections 323/354/376/417/34 of the Indian Penal Code, 1860.

(G.R. Case No. 73/2024) -AndIn the matter of : Aktar Sk. @ Aktar Ali Sk. ... ... Petitioner Mr. Asraf Mondal, Advocate ... ... For the Petitioner Mr. Debabrata Chatterjee, Mr. Sanjib Kumar Dan, Advocates ... ...For the State Affidavit-of-service filed in Court be taken on record. None appears for the victim despite service.

Police are investigating, inter alia, an incident of assault and rape.

Documents in the case diary do not corroborate the claim of rape, at this stage. Injury report shows that there is no external injury found on the body of the victim. Victim recorded a statement under Section 164 of the Criminal Procedure Code. Apparently, the petitioner and the victim were in a relationship. Both 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/- (Rupees Ten Thousand Only), 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 report before the Investigating Officer once in a month till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 514 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)