Calcutta High CourtCRM (A)/5053/2023allowed

Sk. Jumman Ali v. State Of West Bengal

2024-01-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

24.01.2024 Serial no. ML359 Anticipatory bail [Allowed] Dd CRM (A) 5053 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kolaghat Police Station Case No. 468 of 2023 dated 29.07.2023 under Sections 363/366 of the Indian Penal Code, 1860. (G.R. Case No. 2580 / 2023 ) -AndIn the matter of : Sk. Jumman Ali ... ... Petitioner Mr. Sabir Ahemed, Mr. Bhaskar Hutait, Ms. Suman Biswas, Mr. Dhiman Banerjee, Mr. Tasnim Ahmed, Advocates ... ... For the Petitioner Mr. Debashis Roy, PP Mr. R. Jana, Advocates ... ...For the State Police filed charge sheet.

Victim recorded a statement under Section 164 of the Criminal Procedure Code where, she acknowledged that there was a relationship between her and the petitioner. Petitioner and the victim are adults.

The victim claimed in her statement that she was kidnapped and kept at a place for 10 days.

The narration of events as recorded in her statement suggests that there was possibility of the victim coming into contact with members of public during the so-called period of detention.

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/- (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 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) 5053 of 2023 is disposed of.

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