Sk Wasim Akram Mondal v. State Of West Bengal

14.07.2023 tkm/ct 28 C.R.M. (A) 2901 of 2023 sl no. 12 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Narayanpur P.S case no. 63 of 2022 dated 5.4.2022 under sections 376/417 IPC And Allowed In Re : Sk. Wasim Akram Mondal ...... petitioner Mr. D Dutt Mr. S S Roy ...... for the petitioner Mr. Imran Ali Ms. D Sahu ...... for the State It is submitted on behalf of the petitioner that he had met the victim lady on a social media site. There was a consensual relationship between them and the allegation of rape on the false promise of marriage is untrue.

Learned lawyer for the State produces the case diary. We have considered the statement of the victim lady. She was major at the time of incident and was aware of the consequences of free mixing.

Keeping in mind the aforesaid circumstances we are of the opinion custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail.

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 condition that the petitioner while on bail

shall meet the investigating office once in a week until further orders.

Petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM (A) 2901 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)