Calcutta High CourtCRM (A)/3608/2023allowed

Sk Sahajan And ORS v. State Of West Bengal

2023-09-01Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

01.09.2023 D/L 20 Ct. No.29 (Allowed) (SKB) CRM (A) 3608 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with English Bazar (Women) P. S. Case No.137 of dated 27.06.2023 under Sections 417/376/363/365/506/34 of the Indian Penal Code. In the matter of : Sk. Sahajan and others ... Petitioners Kazi Mokhlasur Rahman ... for the petitioners Mr. S. S. Imam, Mr. R. Jana ... for the State

1. Heard learned Counsel for the parties.

2. This is a case of consistent romantic relationship between the informant and the petitioner no.2, Sk Rakiul, physical intimacy, pregnancy, termination of pregnancy and refusal of petitioner no.2 to marry the victim. So far as petitioner nos.1 and 2 being Sk Sahajan and Sk Daut Ali respectively are concerned, there is no allegation of specific overt act against them.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of offence and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their 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:

i) The petitioner no.2, Sk Rakiul is directed to appear before the IO once in a fortnight on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.

ii) The petitioners shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

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

5. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The applications being CRM(A) 3608 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

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