Calcutta High CourtCRM(A)/388/2024allowed

Aman Ali v. The State Of West Bengal And ANR

2024-05-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

13.05.2024

IN THE HIGH COURT AT CALCUTTA

Sl. No.94 Circuit Bench at Jalpaiguri akd [ALLOWED] C. R. M. (A) 388 of 2024 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 26.04.2024 in connection with Bhaktinagar Police Station Case No. 1112 of 2023 dated 22.12.2023 under Sections 448/471/323/376/506/379 of the Indian Penal Code. And In Re: Aman Ali ... ... Petitioner Mr. Sandeep Dutta ... ... for the petitioner Mr. Anirban Banerjee ... ... for the de-facto complainant Mr. Nilay Chakraborty .. ld. Addl. Public Prosecutor Mr. Tapan Bhattacharjee ... ... for the State

1. It is submitted on behalf of the petitioner that there was a love affair between himself and the victim. This was not accepted by the relations of the victim. Present case was registered. Accordingly, he prays for anticipatory bail.

2. Learned Advocate for the State opposes the prayer for anticipatory bail.

3. Learned Advocate for the de-facto complainant/victim does not oppose the prayer for anticipatory bail.

4. We have considered the materials on record. There was a romantic relationship between two young persons. This was not accepted by the relations of the victim. Accordingly, this case was registered. Under such circumstances, we are of the opinion

custodial interrogation of the accused/petitioner may not be necessary and he may be granted anticipatory bail.

5. Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Aman Ali, 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 also 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 appear before the court below and pray for regular bail within four weeks from date.

6. The application for anticipatory bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)