Khursed Alam v. State Of West Bengal And ORS.

23.03.2022 Serial no.12 Aloke Ct. No. 29 CRM (A) 1347 of 2022 In re: An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 16.03.2022 in connection with Ratua P.S. Case No.92 of 2021 dated 04.03.2021 under Sections 448/376/511 of the Indian Penal Code.

-AndIn the matter of : Khursed Alam ... ...Petitioner Mr. Koustav Bagchi, Advocate Mr. Arup Sarkar, Advocate Mr. Debayan Ghosh, Advocate ... ... For the Petitioner Mr. Saibal Bapuli, ld. APP Mr. Soumik Ganguli, Advocate ... ... For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned Advocate appearing for the State draws the attention to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and considering the fact that the victim refused to undergo medical examination, we are inclined to 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before

the Investigating Officer once in a week till the conclusion of the investigation and on condition that the petitioner shall appear every day 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.

The prayer for anticipatory bail is allowed.

CRM (A) 1347 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)