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Calcutta High CourtCRM (A)/3872/2024allowed

Sanjay Sekh @ Sk v. State Of West Bengal And ANR

2024-11-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

12.11.2024 as [ALLOWED] C. R. M. (A) 3872 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali Police Station Case No. 799 of 2024 dated 21.07.2024 under Sections 329(4)/115(2)/79/76/64/62/3(5) of Bharatiya Nyaya Sanhita, 2023.

In Re: Sanjay Sekh @ Sk.

... ... Petitioner Mr. Sumanta Das, Mr. Avilash Tripathi.

... ... for the petitioner Ms. Sonali Das, Ms. Ratna Ghosh.

... ... for the State 1.

Petitioner submits he is the brother-in-law of the victim. There was a dispute amongst the family members. As a result, petitioner and other-in-laws have been falsely implicated. Accordingly, he prays for anticipatory bail.

2.

Learned Advocate for the State opposes the prayer for anticipatory bail.

3.

We have considered the materials on record including the statement of the victim and medical papers. Though in her statement victim alleges that petitioner attempted to rape her, in the history of assault recorded in her medical papers she categorically denied rape.

4.

In this backdrop, we are of the opinion petitioner may be granted anticipatory bail.

5.

Accordingly, we direct that in the event of arrest, the petitioner viz., Sanjay Sekh @ Sk. be released on bail upon Signed By : ALOK SETH High Court of Calcutta 14 th of November 2024 04:26:14 PM

furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of BNSS. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 14 th of November 2024 04:26:14 PM