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Calcutta High CourtCRM/8901/2020allowed

Azmir Shailkh v. State Of West Bengal

2020-11-26Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

26.11.2020.

64.

as (Allowed).

C.R.M. 8901 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nakashipara P.S. Case No.389 of 2020 dated 07.08.2020 under Sections 417/376/511/325/34 of the Indian Penal Court.

In the matter of : Azmir Shaikh.

... Petitioner.

Mrs. Karabi Roy.

...for the Petitioner.

Mr. Imran Ali, Mr. M.F.A.Begg.

.....for the State.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioner that there was a love affair between the parties.

Learned Advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. Keeping in mind the facts and circumstances of the case, we are of the opinion custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioner, viz., Azmir Shaikh 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

This application for anticipatory bail is, thus, disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Suvra Ghosh,J.) (Joymalya Bagchi, J.)