Calcutta High CourtCRM (A)/837/2025allowed

Mohammadin Khan @ Tarin v. State Of West Bengal

2025-03-17Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Smita Das De2 pages

C.R.M. (A) 837 of 2025 17.03.2025 DL-56 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Midnapore All Women Police Station Case No.03 of 2025 dated 09.01.2025 under Sections 351(2)/79 of the Bharatiya Nyaya Sanhita, 2023 and Sections 66E/67A of the Information Technology Act, 2000, now pending before the Learned Chief Judicial Magistrate, 2nd Court, Paschim Mednipore. And In the matter of: Mohammadin Khan @ Tarin ....petitioner.

Mr. Sabir Ahmed, Advocate Mr. Swagata Biswas, Advocate Mr. Quazi Ezaz Ahmed, Advocate ...for the petitioner.

Mr. Saryati Dutta, Advocate Mr. Debanik Das, Advocate ... for the State.

1. Despite service, none appears for the de facto complainant.

2. We perused the statement of the de facto complainant recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where she acknowledges that, there was a relationship between her and the petitioner.

3. De facto complainant claims to be 41 years of age.

4. There are documents in the petition suggesting that the petitioner is still paying the de facto complainant.

5. Considering the materials in the case diary, the nature of the incident and the involvement of the petitioner therein, we are inclined to grant anticipatory bail to the petitioner.

6. 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 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on condition that the petitioner will report before the Investigating Officer once a month till the conclusion of the 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.

7. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

8. C.R.M. (A) 837 of 2025 is, thus, disposed of. (Debangsu Basak, J.) (Smita Das De, J.)