Rasul Sk v. State Of West Bengal

(AD) 30.09.2021 Court No.29 (Allowed) C.R.M. 2633 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak P.S. Case No. 1047 of 2020 dated 21/12/2020 under Sections 417/376 of the Indian Penal Code.

And In the matter of: Rasul Sk.

....petitioner.

Mr. Musharraf Alam Sk.

...for the petitioner.

Mr. Imran Ali Mr. Mirza Firoj Ahmed Begg ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the de facto complainant appeared before the jurisdictional Court and stated that the de facto complainant and the petitioner are married. He refers to the marriage certificate. Learned Advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure.

Considering the nature of allegations and considering the relationship now being claimed by the de facto complainant and the petitioner, 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/- 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 and on further condition that he shall meet the Investigating Officer once in a month until further orders and that he shall appear before the jurisdictional Court

and pray for regular bail within four weeks from date. The application for anticipatory bail being C.R.M. 2633 of 2021 is, thus, disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)