Khorsad@Khursid Molla v. State Of West Bengal

22.12.2020 Saswata (Allowed).

C.R.M. 10554 of 2020 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raninagar P. S. Case No.357 of dated 24.09.2020 under Sections 447/325/313 of the IPC.

In the matter of : Khorsad @ Khursid Molla ... Petitioner.

Md. Golam Nure Imrohi ...for the Petitioner.

Mr. Saswata Gopal Mukherjee, Ld. PP Ms. Sayanti Santra .....for the State.

Learned lawyer for the petitioner submits that he has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Statements of injured person as well as witnesses show that there was a commotion between the parties and the pregnant lady had fallen down. Medical papers also do not indicate abortion was due to physical assault. Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, accordingly, disposed of.

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