The Court granted anticipatory bail to the petitioner under Section 438 CrPC in a FIR for kidnapping and abduction, relying on the victim's statement recording voluntary marriage and lack of malicious intent.
Anticipatory bail granted upon furnishing a bond of Rs.10,000/- with two sureties and complying with conditions under Section 438(2) CrPC.
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24.04.2023
Serial no. 02 [Dd] (Anticipatory bail) (Allowed )
CRM (A) 1586 of 2023
In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Garhbeta Police Station Vide First Information Report Case No. 131 of 2023 dated 18.02.2023 under Sections 363/365 of the Indian Penal Code.
-And-
In the matter of : Amerul Chowdhury
… … Petitioner
Mr. Manoranjan Mahata,
Mr. Devi Priya AMitra, Advocates … … For the Petitioner
Mr. Saibal Bapuli, ld. APP
Mr. Sujan Chatterjee, Advocates … …For the State
The victim recorded a statement under Section 164 of the Criminal Procedure Code.
The victim claims herself to be an adult and of 22 years of age.
In her statement recorded under Section 164 of the Criminal Procedure Code, she states that she married the petitioner voluntarily.
In such circumstances, considering the statement of the victim recorded under Section 164 of the Criminal Procedure Code, we are inclined to grant anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 further
2
condition that the petitioner shall report before the Investigating Officer as and when called for till the conclusion of the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.
Prayer for anticipatory bail of the petitioner is allowed . CRM (A) 1586 of 2023 is disposed of .
(Debangsu Basak, J.)
(Rai Chattopadhyay, J.)
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in connection with charges of kidnapping and abducting for purpose of committing offence?
4 provisions across 2 enactments
Amerul Chowdhury
The State
Debangsu Basak
Rai Chattopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
