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Calcutta High Court (Appellete Side)

Sk. Parvez Ahamed @ Md. Parvej Ahmed vs Unknown on 4 March, 2015

Author: Ashim Kumar Roy

Bench: Ashim Kumar Roy

                                                  1




04.03.2015

pk CRM No. 2024 of 2015 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 02.03.15 in connection with Baguiati P.S. Case No. 762/14 dated 12.12.14 under Sections 365/344/376/389/325/34 of the Indian Penal Code.

And In the matter of:- Sk. Parvez Ahamed @ Md. Parvej Ahmed Petitioner Mrs. Sonali Das for the petitioner Mr. Madhusudan Sur for the State The petitioner, apprehending arrest in connection with Baguiati P.S. Case No. 762/14 dated 12.12.14 under Sections 365/344/376/389/325/34 of the Indian Penal Code has come to this court for anticipatory bail.

Heard the learned counsel appearing on behalf of the parties. Perused the case diary.

We have gone through the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, which is at page 32 of the case diary. We have at the same time found several witnesses were examined by the police and their statements were recorded under Section 164 of the Code of Criminal Procedure, which are at pages 46, 48, 50 and 53 of the case diary. These witnesses are their room mates but their statements does not supports the case of the de facto complainant. 2 Having regard to above, we allow the petitioner's prayer for anticipatory bail.

In the event of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting Officer upon furnishing a bond of Rs.5,000/- and on further condition that after release the petitioner shall surrender before the regular court within four weeks thereafter.

This order is subject to the conditions as laid down in sub- section (2) of Section 438 of the Code of Criminal Procedure.

The application for anticipatory bail is, thus, disposed of.

(Ashim Kumar Roy, J.) (Ishan Chandra Das, J.)