Calcutta High CourtCRM (A)/5493/2022allowed

Sk. Mojaffar Ali @ Sk. Mojaffar v. State Of West Bengal

2022-11-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

28.11.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 5493 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak Police Station Case No. 447 of 2022 dated 17.08.2022 under Sections 417/376/379/34 of the Indian Penal Code, 1860.

And In Re : Sk. Mojaffar Ali @ Sk. Mojaffar ...... petitioner Mr. Mrityunjoy Chatterjee Mr. Debapriya Majumdar ....for the petitioner Mr. Pravas Bhatacharya Mr. Pratick Bose ....for the State The statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) states that, the incident occurred on August 5, 2022 along with along with her friend.

The incident, apparently, occurred at a place where there is every livelihood of the same being seen by the members of the public.

A resident of the place of occurrence claims that, she did not see or hear anything about the incident. The medical examination report of the victim does not corroborate the statement of the victim.

In such circumstances, we 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/-, 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 further condition that the petitioner shall meet the Investigating Officer once a month till the conclusion of the investigation and on 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)