Sk. Rahidul Rahaman @ Roni v. State Of West Bengal
05.09.2022 Serial no.14 Aloke CRM (A) 4190 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Domjur Police Station Case No. 230 of 2022 dated 20.03.2022 under Sections 363/365 of the Indian Penal Code.
-AndIn the matter of : Sk. Rahidul Rahaman @ Roni ... ... Petitioner Ms. Rita Patra, Advocate Ms. Puspita Das, Advocate ... ... For the Petitioner Mr. Navnil De, Advocate ... ...For the State Petitioner seeks anticipatory bail.
Learned Advocate appearing for the State draws the attention to the materials in the case diary including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.
The victim was 17 years of age at the time of the incident. The victim in her statement recorded under Section 164 of the Code of the Code of Criminal Procedure claims that she went voluntarily with the accused.
In such circumstances, 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 condition that the petitioner shall meet 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.
Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4190 of 2022 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)