Calcutta High Court (Appellete Side)
Sections 448/376/511/323/379/34 Of ... vs In Re: Illias @ Ilius @ Ilias & Anr on 6 February, 2019
1 06.02.201958
sdas partly allowed C.R.M. No. 752 of 2019 In Re.: An application under Section 438 of the Code of Criminal Procedure filed on 16.01.2019 in connection with Chanchal Police Station Case No. 317 of 2017 dated 26.05.2017 under Sections 448/376/511/323/379/34 of the Indian Penal Code.
And In Re: Illias @ Ilius @ Ilias & Anr. ......... petitioners Mr. Arup Sarkar, Mr. Asif Dewan ...for the petitioner Ms. Kakali Chatterjee .... for the State It is submitted by the learned Counsel appearing for the petitioner that the petitioner no. 1 has been arrested in the meantime.
Accordingly, application for anticipatory bail is dismissed as not pressed in so far as petitioner no. 1 concerned.
Having considered the materials on record and bearing in mind the nature of allegations and the fact that the allegation of rape is not supported by medical evidence, we are inclined to grant anticipatory bail to the petitioner no. 2.
Accordingly, we direct that in the event of arrest the petitioner no. 2 shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, 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 and on 2 further condition that he shall appear before the court below and pray for regular bail within a period of fortnight from date.
This application for anticipatory bail is, thus, allowed. (Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)