Owhab Sk @ Abdul Ohab Mondal v. State Of West Bengal

ML 23-08-2023 (ct. no.29) Sayandeep Allowed CRM(A) 3190 of 2023 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No. 327 of 2023 dated 26.06.2023 under Sections 376/511 of the Indian Penal Code.

- A n d - In the matter of : Owhab Sk. @ Abdul Ohab Mondal.

.... Petitioner.

Mr. Md. Golam Nure Imrohi ... For the Petitioner.

Mr. B.K. Roy Ms. Sima Biswas ... for the State.

1. Heard learned counsel for the parties.

2. From the statement of the victim recorded under Section 164 Cr.P.C., we find no ingredients of Section 376, 511 IPC at least prima facie.

3. Regard being had to the facts and submission, 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 in the event of his arrest by the Arresting Officer 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 fact that:

i) The petitioner is directed to appear before the IO once in a week on the day and time fixed by the

IO for the purpose of investigation till submission of Final Form.

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 petitioner is directed to appear before the IO within 21 days from today along with a server copy or certified copy of this order.

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

6. The application being CRM(A) 3190 of 2023 is disposed of.

7. The I.O. is hereby directed to act upon the server copy of this order, if required.

( Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)