Calcutta High CourtCRM (A)/4019/2023allowed

Md. Abu Ibrahim Molla @ Ibrahim Molla v. State Of West Bengal

2023-11-22Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4019 of 2023 22.11.2023 SL. 11 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pursurah Police Station Case No. 182 of 2023 dated 10.08.2023 under Sections 448/376/511/509/323 IPC (corresponding to G.R. Case No. 1212 of 2023).

And In the matter of: Md. Abu Ibrahim Molla @ Ibrahim Molla ....petitioner.

Mr. Niladri Shekhar Ghosh Ms. Sompurna Chatterjee Mr. Sourav Mondal Ms. Labani Sikdder ...for the petitioner.

Mr. Arijit Ganguly Mr. Avik Ghatak ...for the State.

1. Heard learned Counsel for the parties.

2. On perusal of the entire materials of the case diary including the statement of the victim as recorded under Section 164 Cr.P.C., we prima facie find no much material to attract the provision of Section 376/511 IPC as against the present accused petitioner though some amount of criminality with regard to the alleged interference with the modesty of the informant is found prima facie.

3. Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that 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 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 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. Within 21 days from today, petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

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

6. The application being CRM (A) 4019 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.)