Badiruddin v. State Of West Bengal

15.12.2020 Court No.28 SL No.84 AP CRM 2684 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal P.S. Case No.544 of 2019 dated 26.07.2019 under Sections 448/323/376/ 511/379/34 of the Indian Penal Code.

And In the matter of: Badiruddin ....Petitioner.

Mr. Kalidas Saha ...for the Petitioner.

Mr. Prasun Kumar Dutta, Ld. A.P.P., Mr. Subrato Roy ...for the State.

It is submitted on behalf of the petitioner that there was fight between two families over property disputes.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Genuineness of the allegation of attempt to rape may be assessed at the appropriate stage of the proceedings in accordance with law. Under such circumstances, we are inclined to grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest, the petitioner 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, thus, allowed. The parties shall act in terms of the copy of the order downloaded from the official website of this court.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)