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Calcutta High Court (Appellete Side)

Mahasin Ali @ Mohasin Reza vs Unknown on 21 August, 2023

21.08.2023                           C.R.M. (A) 3061 of 2023
  ML. 261
Court No. 29
  Suvayan
               In Re: - An application for anticipatory bail under Section 438 of
 (Allowed)     the Code of Criminal Procedure filed in connection with Raiganj
               Police Station Case No. 387 of 2023 dated 10.04.2023 under
               Sections 448/376/511/341/323/325/506/34 of the IPC.
                                               And
               In the matter of: Mahasin Ali @ Mohasin Reza
                                                                    ....petitioner.

                  Mr. Koushik Choudhury
                  Ms. Busra Khatoon
                                                                       ...for the petitioner.
                  Mr. Md. Anwar Hossain
                  Ms. Sreyashee Biswas
                                                                             ...for the State.

               1.

Heard learned Counsel for both the parties.

2. Considered the materials placed before us including the statement of the victim recorded under Section 164 Cr.P.C. The allegation per se makes out an offence under Section 354 IPC at least prima facie.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that:

i) The petitioner is directed to appear before the I.O.

once in a week on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.

ii) The petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order. 2

4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

5. Within 21 days from today the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. The application being CRM (A) 3061 of 2023 is disposed of.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.) 3