Sk Matibul @Bhola v. State Of West Bengal

07.09.2021 Ct. No. 29 sdas Allowed C.R.M. 5753 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Haldia Women Police Station Case No. 65 of 2021 dated 10.07.2021 under Sections 376/417/506/34 of the Indian Penal Code.

And In Re : Sk. Matibul @ Bhola ...... petitioner Mr. Suman De .....for the petitioner Mr. S. G. Mukherjee, learned P.P.

Ms. Faria Hossain Ms. Sonali Das ....for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner is falsely implicated in the instant case. Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure.

Considering the fact that the defacto complainant is a major and considering the statement recorded under Section 164 of the Code of Criminal Procedure wherefrom it appears that there is a long standing relationship between the petitioner

and the defacto complainant, 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 and on further conditions that the petitioner shall meet the investigating officer once in a week until further orders and shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

In the event the petitioner fails to adhere to any of the conditions enshrined above, the jurisdictional court will be at liberty to cancel the anticipatory bail of the petitioner without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, 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.)