Riyajul Shekh @ Riyajul Sk v. The State Of West Bengal

11.03.2025 Item No.43 Ct. No. 26 CHC Allowed C.R.M.(A) 806 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Malda Police Station Case No. 723 of 2024 dated 15.10.2024 under Section 85/117(2)/89/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 3/ 4 of the Dowry Prohibition Act, 1961, pending before the Learned Chief Judicial Magistrate at Malda.

And In the matter of : Riyajul Shekh @ Riyajul Sk ...... petitioner Md. Wasim Akram, Advocate Ms. Sabrina Perveen, Advocate ....for the petitioner Mr. Sanjoy Bardhan, Advocate Ms. Nandini Chatterjee, Advocate ....for the State Ms. Reshmi Khatun, Advocate ...for the de facto complainant

1. Victim recorded her statement under Section 164 of the Criminal Procedure Code subsequent to the order dated March 7, 2025 passed by the coordinate Bench.

2. In the subsequent statement under Section 164 of the Criminal Procedure Code, victim exonerated the petitioner before us.

3. In such circumstances, we grant anticipatory bail to the petitioner.

4. 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, corresponding to Section 482(2) of the BNSS and on further condition that the petitioner shall meet the Investigating Officer once in a month till the conclusion of 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.

5. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Smita Das De, J.)