Abdur Rajjak Sk @Rajjak Sk v. State Of West Bengal

24.03.2022 Serial no. 130 [Dd] (anticipator bail Allowed) CRM 5307 of 2021 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Thanarpara Police Station Case No. 117 of 2021 dated 05.07.2021 under Sections 448/325/504/376 of the Indian Penal Code.

-AndIn the matter of : Abdur Rajjak Sk @ Rajjak Sk ... ... Petitioner Mr. S. K. Das, Mr. Samrat Choudhury, Ms. Debarshi Brahma, Mr. Anit Dey, Advocates ... ... For the Petitioner Mr. S. S. Imam, Mr. Subrato Roy, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that there are cases and counter cases between the private parties. The petitioner was falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure. He submits that the victim, however, did not undergo any medical test. Considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that victim did not undergo any medical test, 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/- (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 report before the Investigating Officer once in a month till the conclusion of the investigation, if not already concluded and on further condition that the petitioner shall appear every day before the jurisdictional Court on and from 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.

Prayer for anticipatory bail of the petitioner is allowed.

CRM 5307 of 2021 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)