Nur Alam v. State Of West Bengal

13.02.2024 Item No.111 Ct. No. 29 CHC Allowed C.R.M.(A) 5291 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 433/2023 dated 09.09.2023 under Sections 363/365 of the Indian Penal Code And In the matter of : Nur Alam ...... petitioner Ms. Minoti Gomes, Ms. Chandrima Debnath ....for the petitioner Mr. Partha Pratim Das, Mr. Apurba Kumar Dutta ....for the State Mr. Kallol Mondal, Mr. Sandipan Maity ....for the de facto complainant Petitioner prays for anticipatory bail.

Victim recorded her statement under Section 164 of the Criminal Procedure Code subsequent to the order dated February 1, 2024.

Statement of the victim is largely of exoneration of the petitioner.

State, petitioner and the de facto complainant are represented.

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 will report before the Investigating Officer once in a month till the conclusion of 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. CRM(A) 5291 of 2023 is disposed of.

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