Calcutta High CourtCRM (A)/3149/2023allowed

Amenur Rahaman v. State Of West Bengal

2023-08-23Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3149 of 2023 23.08.2023 ML. 344 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Itahar Police Station Case No. 174 of 2023 dated 10.05.2023 under Sections 448/376/511/506 of the IPC.

And In the matter of: Amenur Rahaman ....petitioner.

Ms. Reshmi Mukherjee Mr. Ashok Halder Mr. Sunayan Ghosh ...for the petitioner.

Mr. S. S. Imam Mr. S. Kundu ...for the State.

1. Heard learned Counsel for both the parties.

2. Considered the materials placed before us including the statement of the victim recorded under Section 164 Cr.P.C. The allegation per se makes out an offence of indecent assault but does not attract Section 376/511 IPC at least prima facie. There is stated to be also land dispute between the parties.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that: i) The petitioner is directed to appear before the I.O. once in a week on the day and time fixed by the I.O.

for the purpose of investigation till submission of F.F.

ii) The petitioner shall not threaten, induce or coerce

any witness of this case in any manner whatsoever during the currency of this order.

4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

5. Within 21 days from today the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. The application being CRM (A) 3149 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)