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Calcutta High CourtCRM(A)/6/2023allowed

Mostakin Molla v. The State

2023-12-12Hon'Ble Justice I. P. Mukerji,Hon'Ble Justice Shampa Dutt (Paul)2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** CRM(A)/6/2023 Mostakin Molla Vs.

The State Mr. Rakesh Pal Gobind ... for the petitioner Ms. A.S.Zinu ... for the State December 12, 2023 [SR] Item No.9 This is an application for anticipatory bail. The alleged offence is under section 376 of the Indian Penal Code. The accused and the alleged victim were admittedly in relationship from 24th January, 2020 when the accused was 19 years of age and the alleged victim around 29 years of age. At that time, she was separated from her husband.

The complaint was lodged on 22nd September, 2023. The age of the accused and the alleged victim, her marital status at the time of alleged commission of the offence and their relationship thereafter prima facie seems to suggest that the relationship was consensual.

Moreover, the complaint/first information report was made on 22nd September, 2023. Till now, the accused has not been arrested.

The allegation against the accused is that he deceived the victim by making a false promise to marry. Considering the length and nature of the relationship between the parties, we do not think that a prima facie case of deception is made out.

We have considered the decision of the Supreme Court Naim Ahamed versus State (NCT of Delhi) made on 30th January, 2023 ( 2023 Live Law (SC) 66).

For the above reasons, custodial interrogation of the accused is not required. Accordingly, we allow this application for anticipatory bail on the following terms and conditions:- In the event of arrest, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each with two sureties of like amount each, one of whom must be local, 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. The petitioner shall also meet the Investigating Officer as and when directed. It is made clear that in the event of non-compliance of the conditions specified, the anticipatory bail shall stand rejected without any further reference to this Court. ( I.P.Mukerji, J.) ( Shampa Dutt (Paul), J. )