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Calcutta High CourtCRM (A)/3816/2024allowed

Abbas Ali Sk v. The State Of West Bengal And ANR

2024-11-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

13.11.2024 Sl. No.6 akd [ALLOWED] C. R. M. (A) 3816 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 07.10.2024 in connection with Raninagar Police Station Case No.593 of 2024 dated 28.09.2024 under Sections 318(2)/64(1) of the Bharatiya Nyay Sanhita, 2023.

And In Re: Abbas Ali Sk.

... ... Petitioner Ms. Minoti Gomes Md. Golam Nure Imrohi ... ... for the petitioner Mr. Kingsuk Mondal Mr. P. S. Mondal ... ... for the victim Ms. Amita Gaur Mr. Asraf Mandal ... ... for the State 1.

It is submitted on behalf of the petitioner there was a love affair between two young persons. Accordingly, he prays for anticipatory bail. 2.

Learned Advocates for the State as well as the de-facto complainant/victim oppose the prayer for anticipatory bail. 3.

We have considered the materials on record. Statement of the victim shows there was a love affair between the parties. Though victim is minor, it is probable cohabitation between two young persons was out of love. In this backdrop, we are of the opinion custodial interrogation of the accused/petitioner is not necessary and he may be granted anticipatory bail.

4.

Accordingly, we direct in the event of arrest, the accused/petitioner, namely Abbas Ali Sk., 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 Signed By : ARUP KUMAR DAS High Court of Calcutta 14 th of November 2024 05:56:29 PM

and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 5.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 14 th of November 2024 05:56:29 PM