Safiur Rahaman@Montu Sekh v. State Of West Bengal

Serial no.26.

September 29, 2020.

SG CRM 6716 of 2020 with CRAN 1 of 2020 In Re. An application for bail under Section 438 of the Code of Criminal Procedure in connection with Sahebganj Police Station Case No.264 of 2020 dated 05.07.2020 under Sections 376/506 of the Indian Penal Code.

In the matter of: Safiur Rahaman @ Montu Sekh ...petitioner.

Mr Sudip Guha ... for the petitioner.

Mr Ujjal Luxom Mr Sagnik Sankar Sikdar ... for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. The petitioner claims that he lodged a complaint accusing the de facto complainant to be a Bangladeshi national who is illegally staying in India. As a counter-blast, the petitioner has been named in a rival complaint. The State refers to the statement of the survivor. According to the State, the petitioner lured the victim on the pretext that the petitioner would prepare the documents for travelling.

Considering the entire circumstances, it does not appear that the custodial detention of the petitioner would be necessary as long as he cooperates with the investigation. In the event of arrest, the petitioner is directed to be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer. The petitioner will also abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 6716 of 2020 and CRAN 1 of 2020 are disposed of. ( Sanjib Banerjee, J. ) ( Aniruddha Roy, J. )