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Calcutta High CourtCRM (A)/1152/2024allowed

Golam Murtuja v. The State Of West Bengal And ANR

2024-04-30Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

30.4.2024 SL No. 41 Ct No. 29 SB C.R.M. (A) 1152 of 2024 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raninagar P.S. Case No. 09 of 2024 dated 06.01.2024 under Sections 376(N) / 379 of the Indian Penal Code.

And In the matter of: Golam Murtuja ....Petitioner Mr. Tapodip Gupta ...for the Petitioner Mr. Pravash Bhattacharyya Mr. Asraf Mondal ...for the State

1. None appears for the de facto complainant despite being informed on behalf of the State.

2. De facto complainant recorded a statement under Section 164 of the Code of Criminal Procedure where she acknowledges that the petitioner was known to her.

3. Materials in the case diary does not suggest requirement of placing the petitioner in custody at this stage.

4. In such circumstances we 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner shall appear before the Investigating Officer once in a week till the conclusion of the investigation. The petitioner shall appear on every date before the Jurisdictional Court on and from Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 1 st of May 2024 05:15:12 PM

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.

6. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 1 st of May 2024 05:15:12 PM