Gaffar Ali Goldar @ Gaffar Golder v. State Of West Bengal

15.11.2022 Serial no.4 Aloke CRM (A) 4929 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kashipur Police Station Case No. 433 of 2022 dated 09.09.2022 under Sections 363/365 of the Indian Penal Code.

-AndIn the matter of : Gaffar Ali Goldar alias Gaffar Golder ... ... Petitioner Mr. Moloy Banerjee, Advocate ... ... For the Petitioner Mr. Sudip Ghosh, Advocate Mr. Apurba Kr. Datta, Advocate ... ...For the State Petitioner seeks anticipatory bail.

The victim in her statement recorded under Section 164 of the Code of Criminal Procedure states that she went voluntarily with the petitioner. The victim claims to be an adult in her statement recorded under Section 164 of the Code of Criminal Procedure.

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 will report to 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) 4929 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)