Rijwan Alam Ansary v. State Of West Bengal

24.06.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 2993 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hura Police Station Case No. 29 of 2022 dated 23.02.2022 under Sections 376/417/120B/506 of the Indian Penal Code, 1860. And In Re : Rijwan Alam Ansary ...... petitioner Mr. Debasish Roy Mr. Syed Samsher Ali Ms. Sreemoyee Roy ....for the petitioner Mr. Rudradipta Nandy Ms. Eshita Dutta ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, there was a relationship between the petitioner and the victim.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.). Considering the 164 Cr.P.C. statement of the victim, we 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 and on further condition that the petitioner shall meet the Investigating Officer as and when called for till the conclusion of the investigation and on 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)