Masidur Islam v. State Of West Bengal

07.12.2020.

45.

as (Allowed).

C.R.M. 9804 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bamangola P. S. Case No.133 of 2020 dated 14.07.2020 under Sections 417/376/323/325/506/34 of the Indian Penal Code.

In the matter of : Masidur Islam.

... Petitioner.

Mr. Mounick Ghosh.

...for the Petitioner.

Mr. Tanmoy Kr. Ghosh, Mr. Ashok Das.

.....for the State.

Heard the learned Advocates appearing for the parties. Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that the victim was a major lady at the time of cohabitation, we are of the opinion that 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., Masidur Islam 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 and on further condition

that the petitioner shall meet the Investigating Officer once in a week until further order.

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

(Suvra Ghosh,J.) (Joymalya Bagchi, J.)