Humayun @ Humayan v. State Of West Bengal

01.12.2020 SL No.37 pk CRM 9460 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No.

of dated 18.09.2020 under Sections 417/493/376/323/34 of the Indian Penal Code.

And In the matter of: Humayun @ Humayan ....Petitioner.

Mr. Arnab Chatterjee, Mr. Arup Sarkar ...for the Petitioner.

Mr. Aniket Mitra ...for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within a month of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

Learned counsel appearing on behalf of the petitioner submits that the petitioner and the victim girl have some love affairs. Both are adult. Therefore, the petitioner should be released on bail. Counsel for the State opposes the prayer for bail. He produces the case diary and draws the Court's attention to the statement of the victim girl recorded under Section 161 of the Code of Criminal Procedure.

Considering the materials against the petitioner available on record as well as the statement of the victim girl, we are inclined to grant anticipatory bail to the petitioner.

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, one of whom must be local, to the satisfaction of the arresting officer subject to the conditions as laid down under Section 438(2) of the Cr. P. C.

The application for anticipatory bail being CRM 9460 of 2020 is allowed.

All parties are to act on a website copy of this order on the usual undertaking.

(Samapti Chatterjee, J.) (Kausik Chanda, J.)