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Calcutta High CourtCRM (A)/4482/2024allowed

Md. Sumirul Sk @ Samirul v. State Of West Bengal And ANR

2025-01-09Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

09.01.2025 08.

Ct. No. 28 SG [ALLOWED] C. R. M. (A) 4482 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Krishnagar Women Police Station Case No. 99 of 2024 dated 25.10.2024 under Sections 85/109/64/62/79/316(2)/3(5) of the Indian Penal Code. And In Re: Md. Sumirul Sk. @ Samirul.

... ... Petitioner Mr. Kazi M. Rahman, .... For the petitioner Mr. Saryati Dutta, Ms. Mamata Jana.

.... For the State 1.

Heard learned Advocates for the parties.

2.

Nobody appears for the victim.

3.

Report is placed on record.

4.

We have considered the materials on record. Allegation regarding attempt to rape is bereft of material particulars with regard to date and time. Possibility of false implication owing to matrimonial dispute cannot be ruled out.

5.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

6.

Accordingly, we direct that in the event of arrest, the petitioner viz., Md. Sumirul Sk. @ Samirul 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 conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. He shall appear

before the jurisdictional court and pray for regular bail within four weeks from date.

7.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) [Joymalya Bagchi, J.]