Sekh Badarul @ Bodrul Islam v. State Of West Bengal

12.07.2022 Serial no.14 Aloke CRM (A) 3250 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 524 of 2022 dated 22.05.2022 under Sections 376D/448/506 of the Indian Penal Code. -AndIn the matter of : Sekh Badarul @ Bodrul Islam ... ... Petitioner Mr. Mazhar Hossain Chowdhury, Advocate Ms. Mobashshara Alam, Advocate ... ... For the Petitioner Mr. Sk. Arif Hossain, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated.

The de facto complainant was in an illicit relation with Ansarul. The local people and the de facto complainant and Ansarul raid handed. The de facto complainant is a married lady. Thereafter the present police complaint was lodged against the petitioner to falsely implicate the petitioner. Learned Advocate appearing for the State draws the attention to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and to the medico legal examination report of the victim.

Considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and the delay thereof, as also her medico legal examination report, 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 condition that the petitioner shall meet the Investigating Officer once in a fortnight till the conclusion of the investigation and

on further condition that the petitioner shall appear on every date 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 (A) 3250 of 2022 is disposed of.

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