Calcutta High CourtCRM (A)/1727/2022allowed

Rabiul Sk v. State Of West Bengal

2022-04-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

18.04.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1727 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 406 of 2021 dated 27.07.2021 under Sections 448/376D/506 of the Indian Penal Code, 1860.

And In Re : Rabiul Sk ...... petitioner Mr. Kushal Kumar Mukherjee ....for the petitioner Mr. Avishek Sinha ....for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated. He submits that, there was a previous case against the petitioner, in which the petitioner is on bail.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) as well as her medical examination report.

Considering the 164 Cr.P.C. statement of the victim and considering the fact that no arms was recovered by the police and considering the medical report of the victim and

considering the past police complaint, 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall meet 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)