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Calcutta High CourtCRM/6576/2021allowed

Sahin Sarul Islam @ Sahin @ Sahnsarul Islam v. State Of West Bengal

2021-11-08Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

08.11.2021 Ct. No. 29 KAUSHIK Allowed C.R.M. 6576 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pukhuria Police Station Case No. 105 of 2021 dated 20.03.2021 under Sections 417/376/379/34 of the Indian Penal Code, 1860.

And In Re : Sahin Sarul Islam @ Sahin @ Sahnsarul Islam. ...... petitioner Mr. Kallol Mondal .....for the petitioner Mr. Anwar Hossain Ms. Ratna Ghosh ....for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated. He submits that, the complaint is a result of love relationship going sour. Learned advocate appearing for the State draws the attention of the Court to the contents of the case diary. In answer to a query of the Court, learned advocate appearing for the State submits that, the de-facto complainant refused to undergo medical test.

Considering the nature of allegations against the petitioner and considering the contents in the case diary and

considering the fact that the de-facto complainant refused to undergo medical test, 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/-, 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 month until further orders and shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

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