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Calcutta High CourtCRM/5324/2020disposed

Sadikul Islam @ Sadikul Alam v. State Of West Bengal

2020-09-08Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

08.09.2020 Sl. No.27 akd [ALLOWED] C. R. M. 5324 of 2020 [via video conferencing] CRAN 1 of 2020 [Old No. CRAN 3638/2020] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 30.07.2020 in connection with Pukhuria Police Station Case No. 170 of 2020 dated 02.06.2020 under Sections 417/376/506 of the Indian Penal Code. (G.R. Case No.1043 of 2020) And In Re: Sadikul Islam @ Sadikul Alam ... ... Petitioner Mr. Arup Sarkar .. Advocate ... ... for the petitioner Mr. Goutam Wilson .. Advocate ... ... for the State Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing. The application being CRAN 1 of 2020 (Old No. CRAN 3638 of 2020 is accordingly, disposed of.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that the victim was major at the time of cohabitation, we are of the opinion that custodial interrogation of the accused/petitioner is not necessary in the facts of the present case and he may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Sadikul Islam @ Sadikul Alam, 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 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 until further orders.

The application for anticipatory bail is, thus, disposed of. All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)