Rafikul Hasan Sekh @Rafikul Sk v. State Of West Bengal

17.09.2021 Serial no. 48 BM (Through Video Conference) CRM 6078 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 07.09.2021 in connection with Usthi Police Station Case No. 340 of 2018 dated 26.08.2018 under Sections 376/417 of the Indian Penal Code, 1860.

-AndIn the matter of : Rafikul Hasan Sekh @ Rafikul Sk.

...Petitioner

Mr. Debanshi Brahma, Mr. Sagnik Mukherjee ... ... For the Petitioner Mr. Imran Ali Mr. M.F.A Begg ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the complaint is result of a love relationship going sour. Moreover, since the Police submitted charge sheet custodial interrogation of the petitioner may not be required.

Learned advocate appearing for the State draws the attention of the court to the statements recorded under Section 164 of the Code of Criminal Procedure of the defacto complainant. He submits that Police submitted charge sheet.

Considering the facts and circumstances of the case and considering the statements recorded under Section 164 of the Code of Criminal Procedure and considering the fact that the Police submitted charge sheet, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on anticipatory 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that Petitioner will appear before the jurisdictional court on the date fixed for trial.

The prayer for anticipatory bail is, thus, allowed. CRM 6078 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)