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Calcutta High CourtCRM (A)/545/2024allowed

Ismail v. State Of West Bengal And ANR

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

19.02.2024 Ct. No. 29 S.D.

Allowed C.R.M.(A) 545 of 2024 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No. 696 of 2023 dated 10.12.2023 under Sections 417/376/109 of the Indian Penal Code.

And In Re : Ismail ...... petitioner Mr. Sourav Mukherjee Ms. Sabnam Laskar ...for the petitioner Mr. Shibaji Kumar Das ...for the State Affidavit of service filed in Court be taken on record. None appears on behalf of the defacto-complainant despite service.

Injured recorded a statement under Section 164 of the Cr.P.C. where she acknowledged that there was a past relationship between them.

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/-, 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. The petitioner will report before the Investigating Officer once a month till the conclusion of the investigation. 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.)