Sahar Sekh v. The State Of West Bengal And ANR

19.12.2024 20.

Ct. No. 28 SG [ALLOWED] C. R. M. (A) 4310 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagrik Suraksha Sanhita, 2023 in connection with Nakashipara Police Station Case No. 795/ 2024 dated 01.09.2024 under Sections 64/351(2)/316(2)3(5) of BNS. And In Re: Sahar Sekh.

... ... Petitioner Mr. Sumanta Das, Mr. Avilash Tripathi.

........ for the petitioner Mr. Souvik Ganguly, Mr. Arka Chakraborty.

....... for the State 1.

Heard learned Advocates for the parties.

2.

We have considered the materials on record including the statement of the victim. Victim contends there was a romantic relationship between the parties. She went to Kerala with the petitioner. It is alleged petitioner had misappropriated her gold ornaments. But allegation of forcible rape appears to be improbable.

3.

Keeping in mind these facts, we are of the opinion though custodial interrogation is not necessary petitioner requires to cooperate with investigation.

4.

Accordingly, we direct that in the event of arrest, the petitioner viz., Sahar Sekh 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 subject to the Signed By :

SOURAV GHOSH High Court of Calcutta 20 th of December 2024 04:51:45 PM

conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition petitioner while on bail shall meet the investigating officer once in a week until further orders. He 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 :

SOURAV GHOSH High Court of Calcutta 20 th of December 2024 04:51:45 PM