Taibul Alam@Taiful Alam And ANR v. The State Of West Bengal And ANR

13.08.2024 Court No.1 SL No.30 pk/AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM(A) 533 of 2024 In Re: - An application for anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Mekhliganj P.S. Case No.255 of 2024 dated 08.07.2024 under Sections 137(2)/104(3)/3(5) of the Bharatiya Nyay Sanhita, 2023.

And In the matter of: Taibul Alam @ Taiful Allam and Anr. ....Petitioners.

Mr. Anirban Banerjee Ms. Rishita Chakraborty Mr. Makleswar Rahaman ... For the Petitioners.

Mr. Kallol Acharjee Mr. Sourav Ganguly Mr. Sanjiv Das ... For the State.

Mr. Soumyajit Laskar ... For the Victim.

1.

Anticipatory bail is sought on the ground that the victim girl has since been recovered and has married the accused petitioner No.1. They are living together.

2.

The victim girl is present in Court. She has stated that she has voluntarily married the petitioner No.1.

3.

In the above circumstances, this Court is inclined to grant anticipatory bail to the petitioners.

4.

In the event of arrest the petitioners shall be released on personal bond to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioners shall meet the investigating officer as and when required and on further condition that the petitioners shall cooperate with the investigation and on further condition that the petitioners shall appear before the court below and pray for regular bail within a fortnight from date.

5.

In the event the petitioners fail to comply with the aforesaid conditions as enshrined hereinabove, the bail of the petitioners shall automatically stand cancelled without any further reference to this Court.

6.

The application for anticipatory bail is, thus, disposed of. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)