Imroj Ansary v. State Of West Bengal And ANR
04.04.2024 Item No.55 AD/SD Court No.28 (Allowed) C.R.M. (A) No. 1115 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Asansol (South) Police Station Case No. 68 of 2024 dated 07.03.2024 under Sections 323/417/376/420/313 of the Indian Penal Code, 1860 pending before the Learned Chief Judicial Magistrate, Paschim Bardhaman, Asansol. (G.R. Case No.675 of 2024) And In Re : Imroj Ansary ..... petitioner Mr. Soumyajit Das Mahapatra Ms. Madhurai Sinha .....for the petitioner Mr. Anand Keshari Ms. Ankita Paul ....for the State
1. Petitioner contends that victim was a major lady at the time of cohabitation. He prays for anticipatory bail.
2. Learned lawyer for the State opposes the prayer for anticipatory bail.
3. We have considered the materials on record. We have also examined the statement of the victim. She states she had met the petitioner on a social networking site. They cohabitated together. She had become pregnant. Allegation of threat or coercion appears to be an afterthought.
4. In view of the aforesaid circumstances, we are inclined to grant anticipatory bail to the petitioner.
5. 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 Signed By :
ABHIJIT DAS High Court of Calcutta 5 th of April 2024 03:56:06 PM
be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that he shall appear before jurisdictional Court and pray for regular bail within a period of four weeks from date and on further condition that he shall meet the Investigating Officer once a month until further orders.
6. The prayer for anticipatory bail of the petitioner is allowed.
7. C.R.M. (A) No. 1115 of 2024 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :
ABHIJIT DAS High Court of Calcutta 5 th of April 2024 03:56:06 PM