Iman Munsi @ Iman Sekh v. The State Of West Bengal And ANR
12.03.2024 Item No.18 Ct. No. 29 CHC Allowed C.R.M.(A) 732 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nakashipara Police Station Case No. 1000 of 2023 dated 01.12.2023 under Sections 376/511/323/506/34 of the Indian Penal Code, 1860.
And In the matter of : Iman Munsi @ Iman Sekh ...... petitioner Mr. Prabir Majumder, Mr. Snehansu Majumder ....for the petitioner Mr. Debabrata Chatterjee, Mr. Asif Dewan ....for the State Petitioner prays for anticipatory bail.
There is a delay of two months in registering the First Information Report.
Statement made by the victim under Section 164 of the Criminal Procedure Code suggest an attempt to rape. Such issue may be decided at the trial.
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 Signed By :
CHINMOY CHAKRABORTY High Court of Calcutta 12 th of March 2024 05:49:15 PM
condition that the petitioner will report before the Investigating Officer once in a fortnight 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. This application for anticipatory bail is, thus, allowed. CRM(A) 732 of 2024 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)