Ochhidul Sk @ Md. Osidul Islam And ORS v. State Of West Bengal

07.12.2020 Court No.28 SL No.84 AP CRM 9889 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jalangi P.S. Case No.367 of 2020 dated 13.10.2020 under Sections 498A/325/315/354/307 of the Indian Penal Code read with Sections 3/4 of the D.P. Act. And In the matter of: Ochhidul Sk @ Md. Osidul Islam & Ors. ....Petitioners.

Ms. Karabi Roy, Mr. Md. Golam Nure Imrohi ...for the Petitioners.

Mr. Tanmoy Kumar Ghosh, Mr. Arindam Sen ...for the State.

It is submitted on behalf of the petitioners that there is inordinate delay in lodging first information report. Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioners assaulted the victim while she was in the family way.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that there is inordinate delay in lodging first information report, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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.

The 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.)