Maniruddin Ansari v. State Of West Bengal

18.07.2022 Serial no. 42 [Dd] (Anticipatory bail) Allowed) CRM (A) 3416 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Asansol Women Police Station Case No. 39 of 2022 dated 25.05.2022 under Sections 376/506 of the Indian Penal Code. -AndIn the matter of : Maniruddin Ansari ... ... Petitioner Mr. Apurba Kumar Datta, Advocate ... ... For the Petitioner Mr. Atif Ahmed Siddiqui, Advocate ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. The police complaint is a result of a long-standing relationship turning sour.

Learned advocate appearing for the State draws the attention of the Court to the statements of the victim recorded under Section 164 of the Criminal Procedure Code and the materials in the case diary.

In her statement, the victim acknowledges a relationship between her and the petitioner. She, however, claims that the petitioner took offensive pictures of her. In such circumstances, considering the statements of the victim recorded under Section 164 of the Criminal Procedure, 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 further condition that the petitioner shall report before 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 and on further condition that the petitioner shall forthwith surrender his mobile phone with the Investigating Officer.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 3416 of 2022 is disposed of.

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