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Calcutta High CourtCRM (A)/3290/2022allowed

Sk. Lalmahammad v. State Of West Bengal

2022-07-11Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

11.07.2022 Serial no.37 Aloke CRM (A) 3290 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Joypur Police Station Case No. 16 of 2022 dated 30.03.2022 under Sections 417/376/506/34 of the Indian Penal Code.

-AndIn the matter of : Sk. Lalmahammad ... ... Petitioner Mr. Soumik Ganguli, Advocate ... ... For the Petitioner Mr. Imran Ali, Advocate Ms. Debjani Sahu, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the present police complaint is a result of a long relationship turning sour.

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.

In her statement, the victim acknowledges that there was a relationship between her and the petitioner. Considering the fact that the petitioner are adults and considering the fact that police filed charge-sheet, 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 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) 3290 of 2022 is disposed of.

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