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Calcutta High CourtCRM/9121/2020allowed

Sadirul Islam @ Sadrul Sk v. State Of West Bengal

2020-12-17Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

17.12.2020 b.das CRM 9121 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sagardighi P.S. Case No.373 of 2020 dated 25.07.2020 under Sections 376/511/326/506 of the Indian Penal Code.

And In the matter of: Sadirul Islam @ Sadrul ....Petitioner.

Ms. Shabana Hasin ...for the Petitioner.

Mr. S.G. Mukherjee, Ld. PP.

Mr. A. Mitra ...for the State.

It is submitted that there is dispute between the parties with regard to picking of vegetables from the pond. Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and keeping in mind the nature of allegations we are of the opinion intention to ravish the victim girl may be considered at the appropriate stage of the proceeding. Under such circumstances, we are of the opinion custodial interrogation may not be necessary and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), 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 438(2) of the Code of Criminal Procedure, 1973. This application for anticipatory bail is thus allowed.

The 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.)