Arman Hussain@ Arman Hossain v. State Of West Bengal

22.09.2023 Serial no. 3 [G.S.D] CRM (SB) 190 of 2023 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Newtown P.S. Case No. 263 of 2023 dated 24.08.2023 under sections 365 of the IPC corresponding to G.R. Case no. 1756 of 2023.

-AndIn the matter of : Arman Hussain @ Arman Hossain ... ... Petitioner Mr. Debasis Kar Mr. Soumen Ghosh Mr. Subhajit Chowdhury ... ... For the Petitioner Mr. Tanmoy Kr. Ghosh Mr. Arindam Sen ... ...For the State Ld. Advocate for the petitioner submits that the petitioner is in custody for the last 25 days. Ld. advocate submits that there was relationship pursuant to which the alleged victim and the petitioner on their own consent went away and the fact of kidnapping/adduction, as has been narrated in the F.I.R. by the guardian, is incorrect, as such, the petitioner may be released on bail on any stringent condition as the court deems fit and proper.

Mr. Ghosh, ld. advocate for the State has produced the Case Diary.

I have perused the case diary and the statement under Section 164 of the Cr.P.C. as well as taken into consideration the fact that the age of the victim is 19 years. Having considered the same, I am of the opinion that further detention of the petitioner is unwarranted in the facts and circumstances of the case.

Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Arman Hussain @ Arman Hossain shall be released on bail upon furnishing bond of Rs.10,000/-(Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the CJM, Barasat.

If on bail, the petitioner shall once in a week for the next three months would meet with the investigating officer of the case.

Accordingly, CRM(SB) 190 of 2023 is allowed.

Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)