Saharul Sk And ORS v. State Of West Bengal

06.06.2022 sdas Allowed C.R.M.(A) 2324 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 37 of 2022 dated 07.03.2022 under Sections 366/363/342/506/34 of the Indian Penal Code. And In Re : Saharul Sk. & Ors. ...... petitioners Ms. Shabana Hasin Mr. Asraf Mondal Mr. Mobaidur Hossain .....for the petitioners Mr. P. Bhattacharjee Mr. Asif Dewan ....for the State It is submitted by the learned Counsel appearing for the petitioners that there was a love affair between the parties. They have been falsely implicated in the instant case. Learned Counsel appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record including the statement of the victim girl under Section 164 of the Code of Criminal Procedure.

Keeping in mind the facts and circumstances of the case in the light of the aforesaid submission made on behalf of the petitioners and as the victim girl has already been recovered, we are of the opinion that

custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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 condition that they shall appear before the court below and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)

C.R.M. 11960 of 2017 In Re:- An application under Section 438 of the Code of Criminal Procedure filed on 28.11.2017 in connection with Jagatballavpur Police Station Case No. 263 of 2017 dated 01.11.2017 under Sections 376/511 of the Indian Penal Code. And In Re : Aslam Ali Sk. @ Aslam Sk. ...... petitioner Mr. Kallol Mondal, Ms. Amrita Chel .....for the petitioner Mr. N. P. Agarwala ....for the State Learned Counsel appearing for the petitioner submits that he has been falsely implicated in the instant case and the allegations are patently absurd and inherently improbable. Learned Counsel appearing for the State opposes the prayer for bail.

We have considered the materials in the case diary and bearing in nature of allegations in the light of the aforesaid submission made by the learned Counsel appearing for the petitioner, we are of the opinion although custodial interrogation of the petitioner may not be necessary in the facts of the case but movement of the petitioner requires to be restricted to instill confidence in the mind of the victim. (Joymalya Bagchi, J.)