Aktarul Islam @ Aktarul v. State Of West Bengal

05.08.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3764 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No. 656 of 2020 dated 28.12.2020 under Sections 417/376/109 of the Indian Penal Code, 1860. And In Re : Aktarul Islam @ Aktarul ...... petitioner Ms. Minoti Gomes ....for the petitioner Mr. Narayan Prasad Agarwal Mr. Chittaranjan Ghosh ....for the State Considering the fact that the police filed charge-sheet and considering the fact that the victim and the petitioner are adults and considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, 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 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)