Sk Subhan @ Subhan Sk @ Sk Suvan v. State Of West Bengal

C.R.M. (A) 3286 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 566 of 2021 dated 15.05.2021 under Sections 448/376/511 of the Indian Penal Code. (GR No.2500 of 2021).

And In the matter of: Sk. Subhan @ Subhan Sk. @ Sk Suvan ....petitioner.

Mr. Krishan Ray ...for the petitioner.

Mr. Sudip Kumar ...for the State.

12.07.2022 Sl.21 Court No.29 (AD) (Allowed) Petitioner prays for anticipatory bail.

Learned Advocate appearing for the petitioner submits that 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 Code of Criminal Procedure. He submits that the victim refused to undergo any medical examination.

Apparently, the victim is the former wife of the petitioner. Considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and the fact that the victim refused to undergo medical test and considering the relationship with the private parties, 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/- (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 condition that the petitioner will report before the Investigating Officer once a month till the conclusion of the investigation and on 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.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 3286 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)