Calcutta High CourtCRM/391/2021disposed

Minhajul Hakim @ Mirajul Rahaman v. The State Of West Bengal

2021-09-22Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Abhijit Gangopadhyay2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 22.09.2021 Court No.01 K.Mitra /17 C.R.M. 391 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Minhajul Hakim @ Mirajul Rahaman - Petitioner.

Mr. Hillal Saha Podder ... For the Petitioner.

Mr. Ujjwal Luksom Ms. Namrata Das ... For the State.

Apprehending arrest in connection with Tufanganj Police Station Case No.55 of 2021 dated 15.02.2021 under Section 376 of the Indian Penal Code, 1860, the petitioner has filed the present application. The learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. The ingredients of section 376 of the Indian Penal Code are not satisfied. In view thereof, custodial interrogation of the petitioner is not necessary. The learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary, including the medical report. We have heard the learned advocates appearing for the respective parties and considered the materials in the case diary. Prima facie, the medical report does not support the case of the prosecution. Considering the nature of accusations and the extent of complicity of the petitioner in the alleged offence, we are of the opinion that custodial interrogation of the petitioner is not warranted in the facts and circumstances of the case.

Accordingly, we allow this application and direct that in the event of arrest, the petitioner, namely, Minhajul Hakim @ Mirajul Rahaman, 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 and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

With the above observations, the application for anticipatory bail, being CRM 391 of 2021 is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Abhijit Gangopadhyay, J.) (Tapabrata Chakraborty, J.)