Fazlur Rahaman v. State Of West Bengal

06.06.2022 tkm/ct 28 C.R.M. (A) 2337 of 2022 sl no.98 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Park Street P.S case no. 57 of 2022 dated 28.4.2022 under sections 417/376/120B of the Indian Penal Code And Allowed In Re : Fazlur Rahaman alias Fazlur Rahman Khan ...... petitioner Mr. Aloke Chatterjee ...... for the petitioner Mr. Joydeep Roy Mr. Sayan Das ...... for the State It is submitted on behalf of the petitioner that there was a love affair between the victim and the principal accused and they had voluntarily cohabited with one another. Petitioner is the father of the principal accused.

Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered materials in the case diary and bearing in mind the nature of allegations in the light of the submission that the victim was a major lady and had voluntarily cohabited with the principal accused and in view of the complicity of the petitioner in the alleged crime, we are inclined to grant anticipatory bail to the petitioner.

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.

Petitioner shall appear before the court below and prays for regular bail within four weeks from date.

The application being CRM (A) 2337 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)