Sk Rajesh@Md Shakibul Hassan v. State Of West Bengal

01.12.2022 Serial no. 06 [Dd] (Anticipatory bail) Allowed) CRM (A) 5551 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Women's Police Station F.I.R. No. 201 of 2022 dated 29.09.2022 under Sections 498A/376/511/323/34 of the Indian Penal Code read with Section 4 Dowry Prohibition Act. -AndIn the matter of : Sk. Rajesh @ Md. Shakibul Hassan ... ... Petitioner Mr. Sayantan Hazra, Advocate ... ... For the Petitioner Mr. S. G. Mukherjee, ld. PP Mr. Imran Ali, Ms. Debjani Sahu, Advocates ... ...For the State All other co-accuseds were enlarged on anticipatory bail by the jurisdictional Court.

There is a statement recorded by the victim under Section 164 of the Criminal Procedure Code implicating the petitioner.

The police complaint was lodged after 5 months of the alleged incident.

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 further condition that the petitioner shall report before 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) 5551 of 2022 is disposed of.

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