Sujan Ali @ Ruksar Alam @ Ruksar Ali v. The State Of West Bengal And ANR
17.12.2024 sdas Allowed C.R.M. (A) No. 4416 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Chanchal Police Station Case No. 1500 of 2023 dated 07.11.2023 under Sections 376/506/34 of the Indian Penal Code read with Section 6 of the POCSO Act.
And In Re : Sujan Ali @ Ruksar Alam @ Ruksar Ali ..... petitioner Mr. Amanul Islam Mr. Sourav Mukherjee Mr. Saptarshee Pakrashy .....for the petitioner Mr. Anwar Hossain Ms. Suparna Chatterjee ....for the State Mr. Jenifar Alam Megha .... for de facto complainant 1.
Learned Counsel for the petitioner submits he is not the principal accused. He has been falsely implicated. 2.
Learned Counsel for the State opposes the prayer for anticipatory bail.
3.
Learned Counsel for the de facto complainant also opposes the prayer for anticipatory bail.
4.
We have considered the materials on record including statement of the minor victim. It is alleged in the statement there was a romantic relationship between her and the principal accused i.e. brother of the petitioner. It is also alleged petitioner made indecent proposal as a condition to Signed By :
SHANTANU DAS High Court of Calcutta 18 th of December 2024 03:08:26 PM
agree to the marriage. Possibility of false implication owing to dispute between the victim and his brother cannot be ruled out. Under such circumstances we are inclined to grant anticipatory bail to the petitioner.
5. Accordingly, we direct that in the event of arrest the petitioner shall 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 be subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and on condition that he shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.
6. The application for anticipatory bail is, thus, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :
SHANTANU DAS High Court of Calcutta 18 th of December 2024 03:08:26 PM