Jahedul Islam v. State Of West Bengal

C.R.M. 4627 of 2019 sg/ks 04-06-2019 Ct. No.36 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 30-05-2019 in connection with Mekhliganj P.S. Case No. 43/2019 dated 08.02.2019 under Sections 417/376(2)(L)/506/323/379/34 of the Indian Penal Code.

(Allowed) Jahedul Islam

Versus

State of West Bengal Mr. Debasish Mukhopadhyay, Adv.

Ms. Jeenia Rudra, Adv.

...for the petitioner Vacation Bench Mr. Swapan Banerjee, Adv.

Mrs. Manasi Roy, Adv.

...for the State It is submitted on behalf of the petitioner that the victim is a married lady and the petitioner has been falsely implicated in the instant case. Learned lawyer for the State opposes the prayer for anticipatory bail and produces the case diary.

Considering the statement of the victim girl under Section 164 of the Code and in view of the attending facts and circumstances of the case, we are of the opinion that custodial interrogation of the petitioner is not necessary. In the event of arrest, the petitioner shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount to the satisfaction of the arresting officer subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and he shall appear before the court below and pray for regular bail within a period of four weeks from date. The application for anticipatory bail is, accordingly, allowed. Urgent photostat certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)