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Calcutta High CourtCRM/6403/2020allowed

Shajhan Ansari v. State Of West Bengal

2020-09-10Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh1 pages

10.09.2020 CRM 6403 of 2020 IA No. CRAN 1 of 2020 Court No.8 (Via Video Conference) Item 33 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Banarhat Police Station Case No. 105 of 2020 dated 14.05.2020 under Sections 341/447/376/511/506/34 of the Indian Penal Code. sg Shajhan Ansari & Anr.

Versus

The State of West Bengal Allowed Mr. Jaydep Kanta Bhowmik, Adv.

...for the Petitioners.

Mr. N. Ahmed, Adv.

...for the State.

The petitioners undertake to affirm and stamp the petition/application as per the Rules within a month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up through video conference. CRAN 1 of 2020 is accordingly disposed of.

It is submitted on behalf of the petitioners that the allegation of attempted rape is out and out false. There is pending dispute between the parties. Learned lawyer for the State opposes the prayer for anticipatory bail. Having considered the materials on record and bearing in mind the nature of allegations and in the light of the aforesaid submission made on behalf of the petitioners, we are inclined to grant anticipatory bail to the petitioners. Accordingly, we direct that in the event of arrest, the petitioners 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The application for anticipatory bail is, accordingly, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)