Hantu Sk. @ Sakil Molla v. State Of West Bengal

30.09.2022 sl. 34 Dd Allowed CRM (A) 4748 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sagarpara Police Station Case No. 197 of 2022 dated 24.08.2022 under Sections 342/376D/420/506 of the Indian Penal Code.

And In Re : Hantu Sk @ Sakil Molla ..... petitioner Mr. Mritunjoy Chatterjee, Md. G. N. Imrohi, .....for the petitioner Mr. Prasun Kr. Dutta, Mr. Nirupam Dhali, ....for the State It is contended on behalf of the petitioner that there is a love affair between the victim lady and one Pintu Sk. Petitioner was falsely implicated. He prays for anticipatory bail. Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record including the statement of the victim recorded under Section 164 of the Criminal Procedure Code. Petitioner is not the principal accused and he is not named in the said statement.

Keeping in mind the extent of complicity of the petitioner in the alleged crime, we are inclined to grant anticipatory bail to him.

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 appear before the court below and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)